Supreme Court Decision Alert - June 24, 2013

Keywords: Civil Rights Act of 1964, Title VII, employer retaliation, workplace harassment, generic drugs, products liability,

Today the Supreme Court issued three decisions, described below, of interest to the business community.

• Title VII—Retaliation—Mixed-Motive Claims
• Title VII—Workplace Harassment—Employer's Vicarious Liability for Acts of Supervisor
• Federal Food, Drug, and Cosmetic Act—Generic Drugs—Preemption—Products Liability

Title VII—Retaliation—Mixed-Motive Claims

University of Texas Southwestern Medical Center v. Nassar, No. 12-484 (previously discussed in the January 22, 2013, Docket Report)

Today, in a 5-4 decision authored by Justice Kennedy, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar, No. 12-484, resolved a circuit split over the causation standard applicable to retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). Construing Title VII's prohibition against