Civil rights, employment
discrimination, HARASSMENT, Title VII
April 24, 2013
Eradicating unlawful discrimination and retaliation in the workplace is one
of core purposes of Title VII of the Civil Rights Act of 1964. Respondent Dr.
Naiel Nassar, a former faculty member of the University of Texas Southwestern
Medical Center (UTSW), alleges that his employer denied him a job in retaliation
for a prior resignation letter alleging race discrimination in the workplace.
Specifically, Nassar's resignation letter stated that his supervisor made
derogatory comments about his Middle Eastern descent. Petitioner UTSW argues
that Nassar needs to prove that retaliation was the sole motivating factor for
the negative employment action. In contrast, Nassar argues that he need only
show that retaliation was a motivating factor, but not necessarily the only one,
for the negative employment action. A holding for UTSW may make it more
difficult for victims of retaliation under Title VII to sue their employers,
whereas a holding for Nassar may increase the costs borne by employers in
defending against potentially meritless litigation.
Continues... http://www.law.cornell.edu/supct/cert/12-484
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