Brian S. Clarke • 10 Jun 2013

The Gross Confusion Deep in the Heart of University of Texas Southwest Medical Center v. Nassar

In this essay, Professor Brian Clarke examines the Supreme Court’s various articulations of the proper standard for determining causation in employment discrimination cases. Professor Clarke then proposes a novel solution that the Court should adopt in its opinion in University of Texas Southwest Medical Center v. Nassar, in order to resolve its past ambiguous formulations and to bring clarity to this area of law.