Employment Litigation

Harassment and Retaliation

Causal Connection (Retaliation)

Causal Connection (Retaliation)

Causal Connection (Retaliation)

The plaintiff must show the adverse action would not have occurred but for the protected activity. Evidence includes timing, knowledge of the activity, differential treatment after the complaint, and departures from practice.

Nassar established but-for causation for Title VII retaliation.

Alternative Names:

Retaliation Causation|Causal Link

Why it Matters?

Decisionmaker knowledge is the threshold, since a manager unaware of the protected activity cannot have retaliated for it, and establishing when knowledge was acquired frequently resolves the claim. Documenting that a decision was under consideration before the complaint is the strongest defense, which requires contemporaneous records rather than reconstruction. Nassar's but-for standard is more demanding than the motivating factor test applying to status discrimination.

Frequently asked questions

What is the threshold question?

What is the strongest defense?