On January 18, 2013, the U.S. Supreme Court granted cert. in the case of University of Texas Southwestern Medical Center v. Nassar. At issue is whether a plaintiff in a Title VII retaliation claim should be entitled to the more lenient “mixed-motive” instruction. Circuit Courts have split on the issue, some holding that retaliation claims, unlike direct discrimination claims, are not entitled to a mixed motive instruction. Alternatively, a retaliation complainant would have to prove that the adverse employment action would not have occurred “but for” the retaliatory motive. While a mixed-motive finding will not typically subject an employer to compensatory and punitive damages, the employee can still seek and award of injunctive relief and attorney fees.