Home » Corey Pollard » U.S. Supreme Court Decision Makes Proving Retaliation More Difficult for Employees

U.S. Supreme Court Decision Makes Proving Retaliation More Difficult for Employees

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The U.S. Supreme Court decision in Univ. of Texas Sw. Med. Ctr. v. Nassar, No. 12-484 (June 24, 2013) raised the bar for proving retaliation under Title VII of the Civil Rights Act.  The Court’s decision held that an employee must prove such a claim under the traditional principle of “but-for” causation.  In other words, an employee claiming relatiation must show that the employer would not have taken the disputed action if the employee had not engaged in a protected activity.  The harm to the employee must have been caused by the employer’s desire to retaliate.

This standard differs from the causation test applicable to bias claims.     

If you believe you were wrongfully terminated or discriminated against by your employer, contact Virginia Employment Lawyer Corey Pollard.

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