University of Tex. Southwestern Medical Center v. Nassar
Headline: Court requires employees to prove but-for causation for Title VII retaliation claims, making it harder for workers to win mixed-motive retaliation suits against employers.
Holding: The Court held that Title VII retaliation claims require proof that the employer's desire to retaliate was the but-for cause of the adverse action, not merely a motivating factor, narrowing when employees can prevail.
- Makes it harder for employees to win retaliation claims unless retaliation was the but-for cause.
- Likely reduces successful mixed-motive retaliation suits and narrows monetary recovery.
- Sends cases back to lower courts to re-evaluate liability and damages under but-for standard.
Summary
Background
A university that trains medical students and its affiliated hospital faced a lawsuit from a physician of Middle Eastern descent. He said a new department chief treated him with bias, criticized his billing despite grant restrictions, and made remarks about "Middle Easterners." After complaining to supervisors and resigning a university post to work at the hospital, a hospital offer was withdrawn and he sued under federal workplace discrimination law, alleging both status-based discrimination and retaliation. A jury found for the doctor and awarded backpay and compensatory damages, and the case reached the Supreme Court.
Reasoning
The Court addressed whether retaliation claims must be proved by the less-demanding "motivating factor" test Congress added for status-based claims or by traditional "but-for" causation. Justice Kennedy concluded the text and structure of Title VII show §2000e-2(m)'s motivating-factor rule applies to status-based discrimination only, not to retaliation. The opinion relied on the Court's prior ADEA decision in Gross, Congress's choice where to place §2000e-2(m), and found EEOC guidance on the point unpersuasive.
Real world impact
The Court held that retaliation claims require proof that the retaliation would not have occurred but for the protected complaint or participation. That raises the burden for employees bringing retaliation suits and makes it more difficult to prevail on mixed-motive facts. The case was sent back to the lower court to re-evaluate liability and damages under the but-for standard.
Dissents or concurrances
Justice Ginsburg dissented, joined by three Justices. She argued §2000e-2(m) covers retaliation, emphasized precedent and EEOC views tying retaliation to status-based discrimination, warned the decision would chill complaints and confuse juries, and would have affirmed the lower court.
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