Earlier this week the U.S. Supreme Court decided two cases of considerable importance to Title VII liability. Both decisions can generally be considered pro-business, as they made it harder for plaintiffs to prevail. University of Texas Southwestern Medical Center v. Nassar holds plaintiffs who claim they were subject to unlawful retaliation to the tougher “but for” standard of proof than other discrimination plaintiffs. Vance v. Ball State University narrowed the definition of a “supervisor” under Title VII, which helps business because it is easier for a plaintiff to win a discrimination case based upon the conduct of a supervisor than of a mere co-worker.
Here is a good early analysis from SCOTUSblog.
We will have more to say on these cases in the coming weeks.