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Employer Liability Issues › But For Causation › Supreme Court of the United States

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

Cozen O'Connor on

In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Kelley Drye & Warren LLP

It is Now Easier For Federal Workers to Prove Age Bias

Kelley Drye & Warren LLP on

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Parker Poe Adams & Bernstein LLP on

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babb v. Wilkie, No. 18-882

Faegre Drinker Biddle & Reath LLP on

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

FordHarrison

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

FordHarrison on

On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more

Bradley Arant Boult Cummings LLP

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

Bradley Arant Boult Cummings LLP on

What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more

Mintz - Employment Viewpoints

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

Mintz - Employment Viewpoints on

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

Fenwick & West LLP

Fenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet Higher Standard of Proof

Fenwick & West LLP on

In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to prevail in a Title VII...more

Pillsbury Winthrop Shaw Pittman LLP

Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws

Pillsbury Winthrop Shaw Pittman LLP on

On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more

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