The COVID Project
The record
- Level
- Legal authority
- Authority
- Thomas v. CalPortland Co., 993 F.3d 1204 (9th Cir. 2021) (slip opinion No. 20-70541)
- Issued
- 2021-04-14 Apr. 14, 2021
- In force
- Apr. 14, 2021 (no end date recorded; counted as in force for 120 days)
- Character
- case
Operative words
The panel held that Section 105(c)'s unambiguous text required a miner asserting a discrimination claim to prove but-for causation. (summary)... both parties urged us to construe the word "because" in Section 105(c) to mean "but-for" causation... Citing Burrage, Nassar, Gross, and Bostock, the parties claimed that the Pasula-Robinette standard conflicts with the Court's instruction that the ordinary meaning of "because" incorporates the "simple and traditional standard of but-for causation."