It’s always a little tricky to determine exactly how lower courts will apply a rule of law that develops from a U.S. Supreme Court.
Take the case of University of Texas Southwestern Medical Center v. Nassar, decided in June, which held that a “but for” standard (i.e., that an employer would not have taken
In another big win for employers today, the Supreme Court ruled that Title VII retaliation cases must be proved by a “but for” standard of proof, not a lower standard that had been used in various courts before.
At issue in the University of Texas Southwestern Medical Center v. Nassar case is the following question