In April, the Supreme Court heard oral argument in University of Texas Southwestern Medical Center v Nassar, a Fifth Circuit decision examining the appropriate standard of proof for Title VII retaliation claims. At issue is whether a plaintiff is required to prove but-for causation (e.g., the employer would not have taken an adverse employment action but for the employee’s age, race, gender, etc.) or only that the employer had a mixed motive (e.g., that an improper motive was but one of multiple reasons for the action). The mixed motive standard represents a lower standard of proof. (more…)