SCOTUS Hears Oral Argument On Title VII Retaliation Issue

Yesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar.  The transcript is below.  I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here.

The issue is whether a plaintiff seeking to prove retaliation under Title VII of the Civil Rights Act of 1964 may do so under a “mixed-motive” theory, or whether they must show that retaliation was the “but-for” cause of the adverse action.


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