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U.S. Supreme Court Adopts “But For” Causation Standard for Title VII Retaliation Cases
In a case appealed from the Fifth Circuit Court of Appeals, the U.S. Supreme Court held that a plaintiff in a Title VII retaliation case may prevail only when he shows that he would not have suffered an adverse employment action “but for” his engaging in protected activity.
In the first retaliation case in several years
U.S. Supreme Court Adopts Objective Test for Determining Title VII Supervisor Status
The U.S. Supreme Court adopted an objective test for determining an employee’s Title VII “supervisory status” in Vance v. Ball State University. The question in Vance was what level of authority must an individual have to qualify as a “supervisor” for purposes of Title VII vicarious liability. This is an important issue because the employee’s status
Fifth Circuit Holds that Volunteer Firefighter is not an “Employee” for Purposes of Title VII
In an issue of first impression in this Fifth Circuit, the Court held that a volunteer firefighter making a Title VII claim of sexual harassment is not an “employee” for purposes of the statute and therefore had no legal claim.
The case arose from a suit filed by a former firefighter for the Livingston Parish
Fifth Circuit Reverses Controversial Trial Court Decision and Holds Termination of Employee for Expressing Breast Milk Constitutes Sex Discrimination
Last week the Fifth Circuit Court of Appeals reversed a widely criticized trial court ruling that had held that a discharge of an employee because she was lactating or expressing breast milk did not constitute unlawful sex discrimination. In EEOC v. Houston Funding, II, Ltd, the employer moved for summary judgment arguing that Title