University of Texas Southwestern Medical Center v. Nassar
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-484 | 5th Cir. | Apr 24, 2013 | Jun 24, 2013 | 5-4 | Kennedy | OT 2012 |
Holding: Employee retaliation claims filed under Title VII of the Civil Rights Act of 1964 must be proved according to traditional principles of but-for causation, not the lessened causation test stated in the 42 U.S.C. § 2000e"2(m).
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.
SCOTUSblog Coverage
- Details: University of Texas Southwestern Medical Center v. Nassar (Kevin Russell, June 24, 2013)
- Court rules for employers in two employment discrimination cases (Kevin Russell, June 24, 2013)
- Argument recap: Close call on Title VII retaliation case (Kevin Russell, April 25, 2013)
- Argument preview: Proving retaliation under Title VII (Kevin Russell, April 23, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/17/2012 | Petition for a writ of certiorari filed. (Response due November 19, 2012) |
| 11/05/2012 | Order extending time to file response to petition to and including December 18, 2012. |
| 11/19/2012 | Brief amici curiae of Equal Employment Advisory Council, et al. filed. |
| 12/18/2012 | Brief of respondent Naiel Nassar in opposition filed. |
| 12/26/2012 | DISTRIBUTED for Conference of January 11, 2013. |
| 12/26/2012 | Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed) |
| 01/14/2013 | DISTRIBUTED for Conference of January 18, 2013. |
| 01/18/2013 | Petition GRANTED. |
| 02/11/2013 | SET FOR ARGUMENT ON Wednesday, April 24, 2013 |
| 02/26/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 02/28/2013 | Record from U.S.D.C. for Northern District of Texas is electronic. |
| 03/04/2013 | Joint appendix filed. (Statement of costs filed.) (Distributed) |
| 03/04/2013 | Brief of petitioner University of Texas Southwestern Medical Center filed. (Distributed) |
| 03/04/2013 | Record from U.S.C.A. for 5th Circuit is electronic. |
| 03/08/2013 | CIRCULATED. |
| 03/08/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 03/11/2013 | Brief amici curiae of Chamber of Commerce of the United States of America and the Retail Litigation Center filed. (Distributed) |
| 03/11/2013 | Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed) |
| 03/11/2013 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed) |
| 03/11/2013 | Brief amici curiae of American Council on Education, et al. filed. (Distributed) |
| 03/11/2013 | Brief amici curiae of Michigan, et al. filed. (Distributed) |
| 03/11/2013 | Brief amicus curiae of New England Legal Foundation filed. (Distributed) |
| 03/11/2013 | Brief amicus curiae of National School Boards Association filed. (Distributed) |
| 03/15/2013 | Consent to filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Naiel Nassar. |
| 04/03/2013 | Brief amici curiae of Washington Lawyers Committee for Civil Rights and Urban Affairs, et al. filed. (Distributed) |
| 04/03/2013 | Brief of respondent Naiel Nassar filed. (Distributed) |
| 04/10/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/10/2013 | Brief amici curiae of American-Arab Anti-Discrimination Committee, et al. filed. (Distributed) |
| 04/10/2013 | Brief amicus curiae of United States filed. (Distributed) |
| 04/10/2013 | Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed) |
| 04/10/2013 | Brief amici curiae of Committee of Interns and Residents SEIU, et al. filed. (Distributed) |
| 04/10/2013 | Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed. (Distributed) |
| 04/10/2013 | Brief amicus curiae of American Association of University Professors filed. (Distributed) |
| 04/10/2013 | Brief amici curiae of Employment Law Professors filed. (Distributed). |
| 04/10/2013 | Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed) |
| 04/10/2013 | Brief amicus curiae of National Education Association filed. (Distributed) |
| 04/12/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/17/2013 | Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed) |
| 04/24/2013 | Argued. For petitioner: Daryl L. Joseffer, Washington, D. C. For respondent: Brian P. Lauten, Dallas, Tex.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/24/2013 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. |
| 07/26/2013 | JUDGMENT ISSUED. |
Holding: Employee retaliation claims filed under Title VII of the Civil Rights Act of 1964 must be proved according to traditional principles of but-for causation, not the lessened causation test stated in the 42 U.S.C. § 2000e”2(m).
Judgment:”Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.