University of Texas Southwestern Medical Center v. Nassar: Undermining the National Policy Against Discrimination

Matthew A. Krimski

“[F]ear of retaliation is the leading reason why people stay silent about the discrimination they have encountered or observed.”

In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court of the United States for the first time addressed the causation standard governing retaliation claims under Title VII of the Civil Rights Act of 1964 and required proof of but-for causation. In so ruling, the Court adopted a rigid tort law causation standard that inhibits an employee's ability to prove retaliation, thereby disadvantaging employees seeking to defend their civil rights. The Court's decision cripples Title VII protections because enforcement of Title VII's antidiscrimination provisions can only be effective if employees are shielded from reprisal. As a result, Nassar effectively undermines the national policy against discrimination.