But-For Causation Archives - Jackson & Campbell, P.C.

7 Apr 2020

SCOTUS Opinion: Age Discrimination Need Not Be The But-For Cause To Be Actionable

In Babb v. Wilkie, a clinical pharmacist at a Veterans Affairs medical center alleged that he suffered various adverse personnel actions due to age discrimination. Under the Age Discrimination in Employment Act of 1967, personnel actions affecting individuals 40 and over must be made “free from any discrimination based on age.” The VA offered legitimate reasons for its actions and ... Read More

TAGGED: scotus, Age Discrimination Employment Act, SCOTUS opinon, But-For Causation, Age Discrimination, Babb v. Wilkie

24 Mar 2020 |

SCOTUS Opinion: Civil Rights Plaintiffs Must Prove But-For Causation

For years, Entertainment Studios Network, an African-American owned company, sought to have Comcast Corp. carry its channels. Comcast refused and ESN sued, alleging racial discrimination under 42 U.S.C. § 1981. ESN alleged that Comcast’s legitimate business reasons for refusing to carry ESN channels were pretextual. The district court dismissed the complaint, holding that ESN had failed to allege but-for causation ... Read More

TAGGED: scotus, SCOTUS opinion, Comcast v. Nat. Assn. of African American-Owned Media, 42 U.S.C. § 1981, But-For Causation