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Employer Liability Issues › Causation › But For Causation

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

Phelps Dunbar on

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

Epstein Becker & Green on

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...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

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

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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