NNPA NEWSWIRE — If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.
