FMLA Retaliation Requires "But For" Causation, Fifth Circuit Decides (PDF)

Select a format

PDF :Electronic, 6 Pages
ISBN: 9781422429983
In Stock
International Order Inquiry

Product details

In 2013 the Supreme Court held in University of Texas Southwestern Medical Center v. Nassar that the "but for" standard of causation is required for Title VII retaliation claims, but courts have struggled to determine whether that standard applies to retaliation claims under other anti-discrimination laws. In a recent Family and Medical Leave Act case, the Fifth Circuit applied the but for standard for the first time to an FMLA retaliation claim.


Darrell VanDeusen is the President of Kollman & Saucier, P.A., a law firm in metropolitan Baltimore. For over 20 years, Darrell has taught Employment Law and Employment Discrimination Law and coached the Labor Law Moot Court team at the University of Baltimore Law School. Darrell’s treatise on the Family and Medical Leave Act has been cited by federal appellate courts as an authority on the subject. He is the author of the LexisNexis Employment Discrimination Defense Expediter, and is on the editorial board of Matthew Bender’s Labor and Employment Bulletin.


Ask the LexisNexis experts - and get a complete answer based on today's law.


An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.


Emerging Issues Analysis PDFs should be purchased individually or accessed through if you have a subscription.