Employers win Nassar battle, but retaliation war continues

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in Employment Law,Human Resources

by Megan Anderson, Esq., Gray Plant Mooty, Minneapolis

In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor.

In essence, the Nassar ruling means that a Title VII retaliation claim fails if the employer had other legitimate, nonretaliatory reasons for acting, even if retaliation may have played a role.

The Nassar ruling should make it easier for employers to defeat retaliation claims, and may result in fewer claims being filed. That’s obviously good news for employers.

However, as important a victory as the Nassar ruling was, it’s important to recognize that the retaliation war is ongoing.

Retaliation claims rising

Retaliation claims have b...(register to read more)

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