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Verma v. University of Pennsylvania, No. 12-2799

Articles Discussing Case:

Nassar's "But For" Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

Ogletree Deakins • August 14, 2013
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v. Nassar and provided a roadmap for employers accused of retaliation to defeat the inference of causation that can arise from temporal proximity between protected activity and adverse employment action. To establish a prima facie case of retaliation under § 704(a) of Title VII of the Civil Rights Act of 1964, a plaintiff must demonstrate that (1) he or she engaged in activity protected by Title VII; (2) he or she suffered an adverse employment action after or contemporaneously with the protected conduct; and (3) there was a causal connection between participation in the protected activity and the adverse employment action.