Man running from fingerFederal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination).  Because retaliation claims can succeed even when the underlying discrimination claims fail, they are popular with both plaintiff’s attorneys and the EEOC.  In 2013, the United States Supreme Court issued an opinion, University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (2013), requiring employees claiming retaliation under federal law to prove retaliation was the “but for” cause of the adverse action, not just a “motivating factor” in the employer’s decision. (Continue reading).