MCQUILLEN – Appellant
Versus
WISCONSIN EDUC. ASS'N COUNCIL, (1988) – Respondent
Rehearing Denied June 20, 1988.
See
On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.
The petition for a writ of certiorari is denied.
Justice WHITE, dissenting.
This case presents the question whether a plaintiff may prevail on a disparate treatment claim under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, 42 U.S.C. 2000e et seq., only by establishing that the employers discriminatory intent was the "but for" cause of the adverse employment action. [485 U.S. 914, 915] The Court of Appeals for the Seventh Circuit held in this case that a Title VII plaintiff must prove that "the discriminatory motivation was a determining factor in the challenged employment decision in that the employee would have received the job absent the discriminatory motivation ." 830 F.2d 659, 664 (1987). The court found support for this "but for" standard of causation in the language of Title VII, which prohibits employers from discriminating against an employee or potential employee " because o
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