Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age Discrimination in Employment Act (“ADEA”) and retaliation claims under Title VII of the Civil Rights Act of 1964 (“Title VII”).  The Supreme Court held so in Gross v. FBL Financial Services, Inc. and University of Texas v. Nassar, respectively.  Title VII’s discrimination provision contains language unique to that portion of the statute, so the Supreme Court left mixed-motive causation under that provision undisturbed.

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