The U.S. Supreme Court’s rulings in two recent cases clarify what is necessary in order for an employee or former employee to bring and be successful in a discrimination or retaliation case against a former employer, including small business owners.
In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that a “but for” standard applies to discrimination cases. A jury must find that “but for” a supervisor’s desire to retaliate against an employee or former employee the discriminatory conduct or action would not have occurred.
A key change from this case is the insertion of the word “supervisor” and the clarification of who is considered a supervisor in these types of cases. The Court held that for purposes of a discrimination case, a supervisor is an individual who has broad managerial authority such as the ability to hire employees and terminate employment.