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