Between gerrymandering and the “citizenship’’” question, the U.S. Supreme Court concluded its 2018 term with a bang. The high court is primed for further fireworks in its 2019 term, where it will decide several cases with game-changing potential and far-reaching consequences for employers. This includes whether Title VII prohibits discrimination based on sexual orientation, sex/gender identity or both.
In two cases, the Supreme Court will address causation standards on certain employment claims. The element of a causal connection has been the subject of scrutiny since the high court’s ruling in 2013 in University of Texas Southwestern Medical Center v. Nassar. There, the court held that a causal connection for Title VII retaliation claims is shown if the employee demonstrates that the adverse employment action would not have occurred “but for” the employee’s protected activity.
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