Recently, the Supreme Court handed down an important decision regarding burden of proof for plaintiffs alleging employment discrimination retaliation under title VII of the Civil Rights Act. In University of Texas Southwestern Medical Center v. Nassar, the Court held that in order to prove retaliation under Title VII, a plaintiff must show that retaliation was the sole cause for the adverse employment action taken against the employee and not just a motivating factor. Simply put, an employee must demonstrate that he or she would not have suffered the adverse employment action but for his or her protected activity. In Nassar, plaintiff Naiel Nassar who was of Middle Eastern background was an assistant professor at the University of Texas Southwestern Medical Center and a staff physician at Parkland Hospital who accused his supervisor of harassment based on his religion and ethnicity. After his complaint, and due to his belief that his supervisor continued to harbor bias against him, Nassar negotiated with the hospital to keep working there while severing his employment with the University, which would have resulted in a change of supervisors. At first, the hospital agreed, so Nassar resigned from the University. Later, the University pointed out that this arrangement was inconsistent with an existing affiliation agreement between the hospital and university, and the hospital withdrew its offer to employ Nassar only as a staff physician. Initially, the Fifth Circuit affirmed that Nassar had proved that retaliation was a motivating factor of the university’s actions, which caused Nassar to lose his employment with the hospital. The Supreme Court reversed this decision, holding that Title VII claims must be proven using a “but for” standard. While the Court’s decision may be considered a victory for employers defending against retaliation claims, a skilled Seattle employee rights’ lawyer can help you build your case if you were unfairly treated. These ever-changing employee rights’ laws make it even more critical to retain the services of a law firm who specializes in employee rights. The Nassar ruling will not have a huge impact on the number of employment discrimination complaints, but rather the angle of the complaints. There will be much less emphasis on retaliation, even or none at all.
Seattle Employee Rights Lawyer
Employee rights are constantly in danger. If you or someone you love has experienced employee discrimination, wrongful termination, or any violation of their employee rights in Seattle, Bellevue, or anywhere in the State of Washington, call Phillips Law Firm at 1-800-708-6000. Our Washington employee rights lawyers are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.
