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The Supreme Court Rejects "Mixed Motive" in Title VII Retaliation Cases

By a 5-4 vote, the United States Supreme Court held that the plaintiff in a Title VII retaliation case cannot rely on a "mixed motive" theory.  The case is University of Texas Read More

Fifth Circuit Reverses Summary Judgment in Gender Discrimination and Retaliation Case Involving LSU

The Fifth Circuit considered an appeal from a summary judgment in a case involving clander discrimination and retaliation.  The case is Haire v. Board of Supervisors of Louisiana State University (5th Read More

Fifth Circuit Rejects Title VII Claims Based on Public Displays of Affection by Co-Workers

The Fifth Circuit considered sex discrimination and retaliation claims in Kummerle v. EMJ Corp., No. 12-10869 (5th Cir. May 16, 2013) (unpublished).  In affirming the district court's dismissal of the Read More

Fifth Circuit: No Attorneys' Fees in a Mixed-Motive Retaliation Case If the Employer Proves That the Employee Would Have Been Fired Anyway

In Carter v. Luminant Power Services Co., No. 12-10642 (5th Cir. April 3, 2013), the Fifth Circuit addressed an unusual question of statutory construction relating to Title VII.  The plaintiff Read More

What Are the Retaliation Laws in Texas?

A retaliation claim is similar to, but different from, a discrimination claim.  The discrimination statutes protect various employees with various characteristics, from race to sex to disability status to immigration status.  Read More

Does the "Mixed Motive" Rule Apply in Title VII Retaliation Cases? The Supreme Court Will Decide.

In January 2013, the United States Supreme Court granted review in a case that could determine whether a plaintiff can win a Title VII retaliation claim under a "mixed motive" Read More

Viewing 1 - 7 out of 7 posts