U. of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (June 24, 2013)
A very recent Supreme Court decision on June 24, 2013, makes it much easier for employers to defend claims of retaliation under Title VII. According to the decision in Nassar, “. . .Title VII retaliation claims require proof that the desire to retaliate was the but-for cause of the challenged employment action.” Nassar, 133 S.Ct. at 2528.
This means that employers who are able to prove legitimate, non-retaliatory reasons for the challenged employment action (including termination) will prevail.