In a recent Law 360 article Wigdor LLP’s founding partner comments on the US Supreme Court Ruling which clarifies that the “but for” standard has, as Douglas Wigdor clarifies, “multiple interpretations”. Previous decisions saw the court interpret the desire to retaliate being the “but for” cause of adverse employment action – now the court accepts that it may be a “but for” cause and not the sole standard as previously thought. The Burrage decision – which saw the Supreme Court strike down a drug dealer’s conviction for selling heroin that resulted in a drug user’s death, has now affirmed the proper interpretation of the “but for” standard which signals a win for plaintiffs’ trying to get their retaliation claims heard.
“Worker Bias Claims Bolstered by High Court Criminal Case ”
March 31, 2014