When Congress enacted the Civil Rights Act of , which amended Title VII, it also amended certain provisions of Section , but did not do anything with the commonly understood causation standard.
After tracing the development of the motivating factor causation test, the Supreme Court rejected the notion that it should be adopted for Section Ultimately, the Supreme Court held that to prevail on a Section claim, a plaintiff must initially plead and ultimately prove that but for race, the plaintiff would not have suffered the loss of a legally protected right. Since the Ninth Circuit reversed the district court's judgment on the motion to dismiss on the wrong legal standard, the Supreme Court returned the case to the Ninth Circuit for consideration of the appeal on the district court's judgment under the proper legal standard.
In a separate concurring opinion, Justice Ginsburg joined in the Supreme Court's ruling on but-for causation, but noted that an equal right to make contracts is an empty promise without equal opportunities to present or receive offers and negotiate over terms.
She observed that if race indeed accounted for Comcast's conduct, Comcast should not escape liability for injuries inflicted during the contract formation process. As the Supreme Court reserved that issue for consideration on remand, Justice Ginsburg joined in the opinion on the issue of causation. See more ». This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks.
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Tom Luetkemeyer. To embed, copy and paste the code into your website or blog:. Send Print Report. Published In: 42 U. Burden of Proof. But For Causation. Civil Rights Act. Code Notes State Regulations prev next. Codification R. Amendments — Pub. Effective Date of Amendment Pub. Short Title of Amendment Pub. Severability Pub. Congressional Findings Pub. Atonio, U.
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