Recent U.S. Supreme Court Decision Affects the Standard for Retaliation Claims

retaliation_blog

In University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court has recently held that Title VII retaliation claims must be proven in accordance with a but-for causation standard. This but-for standard is different from the standard for status-based discrimination claims which requires an employee to only demonstrate that discrimination was a motive (as opposed to the motive). This but-for standard is a more stringent standard, which may be of benefit to employers in defending against retaliation claims.