Supreme Court to Hear "Mixed Motive" Title VII Case

Author: David B. Weisenfeld, XpertHR Legal Editor

The Supreme Court has agreed to hear an intriguing case regarding whether an employer can be held liable even if it has a legitimate reason for making an adverse employment decision. The Court announced on January 18 that it would add Nassar v. University of Texas Southwestern Medical Center (No. 12-484) to its docket.

At issue is whether an employee can sue a former employer under Title VII's retaliation provision by showing illegal bias was one of multiple reasons for taking action against him - a so-called "mixed motive" - or whether he must prove the employer would not have acted "but for" its improper motive.

Dr. Naiel Nassar claims the University of Texas Southwestern Medical Center in Dallas forced him to quit his job because of racial harassment stemming from his Middle Eastern ancestry and that it later caused a potential employer to withdraw a job offer. A federal jury awarded Nassar $3.5 million. Though the damages were reduced, the 5th Circuit Court of Appeals mostly upheld the findings in his favor.

Allowing the "mixed motive" standard would hurt employers faced with similar allegations by discounting potentially legitimate motives behind an adverse decision. Meanwhile, the more stringent "but for" standard would raise the bar and require employees to show that an illegal motive such as discrimination was the key factor.. The nation's appellate courts have been divided over which standard of proof to apply.

The case has a chance to be heard in April 2013, the last month left open for oral arguments at the Supreme Court this term. If that happens, the Court likely would reach a decision by June.

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