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Mar 2013
19
March 19, 2013

Warner Authors Amicus Brief for Michigan and 11 Other States


This week the State of Michigan filed an amicus brief in the U. S. Supreme Court on behalf of itself and 11 other states that was written by Warner Norcross & Judd.

The issue in this case is what standard of proof should apply to claims that an employer has retaliated against an employee for opposing unlawful discrimination. The lower court found that the lower “mixed motive” analysis applies to retaliation claims under Title VII, contrary to the decisions of other courts. The brief argues that the same but-for standard of causation that applies in the context of other employment statutes should also apply to Title VII retaliation claims.

Partner Matthew Nelson, a member of the firm’s Labor & Employment Practice Group, wrote the brief.

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