Dr. Naiel Nassar sued his former employer, the University of Texas Southwestern Medical Center (UTSW), alleging that UTSW retaliated against him in violation of Title VII for his complaints of racial discrimination. A jury found that retaliation was a motivating factor for UTSW’s actions, and also rejected the defendant’s affirmative defense that it would have taken the same action even without a retaliatory purpose. The Fifth Circuit upheld the jury’s verdict on the retaliation claim, and UTSW petitioned for certiorari, arguing that the mixed-motive framework does not apply in Title VII retaliation cases.
We were co-counsel for Dr. Nassar to assist with the brief in opposition to certiorari and the merits brief. The Supreme Court decided in favor of UTSW and remanded the case. The case was settled on remand.