"But for" causation.

• Author: Munoz, Shane T.
• Position: Letters - Letter to the editor

In the July/August edition, Darren Schwartz explains in "Gross v. FBL Financial Services, Inc.: Time to Apply the 'But For' Burden of Proof to FCRA Discrimination Claims" why the Supreme Court's holding that a plaintiff in an ADEA case must prove "but for" causation should be applied to all employment discrimination claims under the FCRA. At least within the geographical scope of the Third District Court of Appeal, I believe that trial courts are, in fact, bound to apply that standard. In Sunbeam Television Corp. v. Mitzel, 83 So. 3d 865 (Fla. 3d DCA 2012), the court applied the Supreme Court's holding to an age discrimination claim under the FCRA. As Mr. Schwartz points out, the statutory text of the FCRA uses a single causation standard for...