On June 24, 2013, the U.S. Supreme Court issued a landmark decision, now requiring a heightened standard for Title VII retaliation plaintiffs to proceed to trial with their claims. Because of this decision, a plaintiff must now prove that the claimed adverse employment action would not have happened "but for" retaliation.

In University of Texas Southwestern Medical Center v. Nassar, the plaintiff, Naiel Nassar, a physician of Middle Eastern descent, became employed by the University of Texas Southwestern Medical Center in 1995, and also served as a physician for the Parkland Memorial Hospital. He complained to his superiors of discrimination by his immediate supervisor. The university had an agreement with the hospital, requiring the Hospital to offer vacant physician positions to university faculty.