...would have dismissed even if the constitutionally protected conduct had not occurred and, consequently, "could place an employee in a better position as a...than he would have occupied had he done nothing." 429 US, at 285. Thus, the Court held that once the employee has shown that his constitutionally protected...

...looked at the question of whether the teacher would not have been rehired in any event. The court said: A rule of causation which focuses solely on whether...in a better position as a result of the exercise of constitutional conduct than he would have occupied had he done nothing. The difficulty with the rule...

...Board of Education v. Doyle. 429 US '274 (1977), wherein the Court stated that the object is not to place an employee in a better position as a result...conduct than he would have occupied had he done nothing. Id. at 285. -2By failing to instruct that discrimination had to have been the but-for cause of the...

...such a test, the Court noted, Rosemary M. Col Iyer, Crowell fc Noring Testimony on HR 3368 Page 16 A rule of causation which focuses solely on whether...played a part, substantial or otherwise, in a decision . . ., could place an employee in a better position as a result of the exercise of ... protected conduct...

...solely on whether protected conduct .played a part, substantial or otherwise, in a decision . . ., could place an employee in a better position as a result of the exercise of ... protected conduct than he would have occupied had he done nothing. 429 US at 285. HR 3368 would...

...Healthy City School District Bd. of Ed. v. Doyle.... The Court rejected a rule of causation that focused "solely on whether protected conduct played a part,...'substantial' or otherwise, in a decision not to rehire," on the grounds that such a rule could make the employee better off by exercising his constitutional...

...school board. The Supreme Court adopted a similar set of motive-based rules because it did not wish to "place an employee in a better position as a result of the exercise of a constitutionally protected conduct than he would have occupied if he had done nothing." The Court...

...contract, the decision violated the First Amendment.1802 The Supreme Court rejected this approach because [a] rule of causation which focuses solely on whether...could place an employee in a better position as a US 1042 (1989). Because "smoking gun" evidence of wrongful motive is rarely available, courts commonly...

...necessarily amount to a constitutional violation justifying remedial action. We think that it would not. A rule of causation which focuses solely on whether...conduct than he would have occupied had he done nothing. The difficulty with the rule enunciated by the District Court is that it would require reinstatement...