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Supreme Court to decide burden of proof in Title VII retaliation cases

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in Discrimination and Harassment,Human Resources

The Supreme Court has agreed to hear a case that could answer a crucial question when an employee who is a member of a protected class alleges retaliation: Must he prove his protected status was the sole motive for retaliation, or can it be just one of many possible reasons?

The case—University of Texas Southwestern Medical Center v. Nassar—involves a medical pro­fes­­sor and physician who claims his em­­ployer retaliated against him after he complained that another professor discriminated against him.

THE LAW: Title VII of the Civil Rights Act prohibits discrimination based on race, creed, color, religion, sex, ethnicity and national origin. Employees may bring retaliation claims under Title VII if they feel their employer retaliated against them for engaging in protected activity. Among other things, protected activity includes ­filing a complaint.

While the Supreme Court has ruled on many retaliation cases over the years,...(register to read more)

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