Valdosta Daily Times

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June 26, 2013

Court makes it harder to sue businesses

WASHINGTON — A sharply divided Supreme Court on Monday decided to make it harder for Americans to sue businesses for retaliation and discrimination, leading a justice to call for Congress to overturn the court's actions.

The court's conservatives, in two 5-4 decisions, ruled that a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits, making it harder to blame a business for a co-worker's racism or sexism. The court then decided to limit how juries can decide retaliation lawsuits, saying victims must prove employers would not have taken action against them but for their intention to retaliate.

Justice Ruth Bader Ginsburg wrote both dissents for the court's liberal wing, and in a rare move, read them aloud in the courtroom. She said the high court had "corralled Title VII," a law designed to stop discrimination in the nation's workplaces.

"Both decisions dilute the strength of Title VII in ways Congress could not have intended," said Ginsburg, who then called on Congress to change the law to overturn the court.

In the first case, the University of Texas Southwestern Medical Center wanted a discrimination lawsuit won by Dr. Naiel Nassar thrown out. Nassar, after complaining of harassment, left in 2006 for another job at Parkland Hospital, but the hospital withdrew its job offer after one of his former medical center supervisors opposed it. Nassar sued, saying the medical center retaliated against him for his discrimination complaints by encouraging Parkland to take away his job offer. A jury awarded him more than $3 million in damages.

The medical center appealed, saying the judge told the jury it only had to find that retaliation was a motivating factor in the supervisor's actions, called mixed-motive. Instead, it said, the judge should have told the jury it had to find that discriminatory action wouldn't have happened "but-for" the supervisor's desire to retaliate for liability to attach.

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