In Nasir, the U.S. Supreme Court held that, to prove retaliation under Title VII, a “but for” analysis applies. This is a higher standard than the “motivating factor” burden to prove discrimination under Title VII.
Nasir has been hailed as a big win for employers. But that’s only at summary judgment or perhaps at trial where the wins can be extremely expensive.
The real win for employers is that it makes it easier for us to take corrective action in response to retaliation without necessarily making admissions, at least under federal law. Why?