07/11/2013 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse

In a decisive victory for employers, the Supreme Court of the United States overturned an opinion from the Fifth Circuit Court of Appeals regarding a retaliation claim. Univ. of Tex. S.W. Medical Center v. Nassar, No. 12-484, (June 24, 2013), available at http://www.supremecourt.gov/opinions/12pdf/12-484_o759.pdf.

The Court focused on the burden of proof for retaliation-based employment claims arising under Title VII of the Civil Rights Act of 1964. The Court concluded that a plaintiff making a retaliation claim must establish that his protected activity was a “but-for” cause of the alleged adverse action of the employer. This standard is a stricter standard than the standard applicable to status-based discrimination (discrimination based on race, color, religion, sex, or national origin). For a status-based discrimination claim, a plaintiff need only show that the motive to discriminate was one of the employer’s motives, even if the employer had other, lawful motives that also led to the employer’s decision.

The Court concluded that the statute’s plain language indicates that the lesser causation standard applies to only status-based discrimination claims; because the lesser causation standard does not apply to retaliation claims, a plaintiff must prove that his protected activity was the but-for cause of the employer’s retaliation.

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Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com