Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistLJN NewslettersNewsSections

Nassar's Effect on the Causation Standard

By Kari Erickson Levine

In one of the biggest employment cases of 2013, University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (June 24, 2013), the Supreme Court held in a 5-4 decision that the mixed-motive theory under employment discrimination laws (which only requires a plaintiff to show that the employer had several motives for taking adverse action, including an unlawful motive) does not apply in Title VII retaliation claims. (See Alexis M. Dominguez, “Clearer Employer Liability Standards ' ,” Employment Law Strategist, September 2013,
bit.ly/17boXPD.)

Title VII prohibits two forms of conduct. The first is “status-based discrimination,” where an employer discriminates on the basis of race, color, religion, sex or national origin. The second is “retaliation,” where an employer takes an adverse employment action against someone because that person opposed a discriminatory act, complained of, or sought legal remedies for unlawful workplace discrimination. While Nassar changed the causation standard for Title VII retaliation claims when it rejected the mixed-motive standard that is permissible for these claims, it remains unclear what effect the ruling will have on the causation standard for claims brought under other federal anti-discrimination laws like the American's with Disabilities Act (ADA) or the Family Medical Leave Act (FMLA). Both of these contain similar causation language to that contained in Title VII.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?