In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims.
In University of Texas Southwestern Medical Center v. Nassar, the question was whether an employee must prove that the only reason his employer retaliated against him was because he engaged in protected activity (e.g., reporting harassment or filing a discrimination charge) or if he must prove that the protected activity was simply a “contributing factor” in the retaliation decision.
The Court held that the “but-for” standard of proof applies to retaliation claims, limiting employers’ exposure to liability. The Court issued its first pro-employer case of today in Vance v. Ball State University, which addressed the definition of “supervisor.”