Is a Title VII plaintiff required to meet the but-for causation standard to survive summary judgment?

QUESTIONS PRESENTED Nearly thirty years ago, Congress replaced Title VII’s but-for causation standard with the “more forgiving” motivating factor standard. Bostock v. Clayton County, GA., 590 U.S. __, 2020 WL 3146686, at *5 (June 15, 2020). Despite this change, the Courts of Appeals continue to require some Title VII plaintiffs to meet butfor causation in order to survive summary judgment. The questions presented are: 1. Isa plaintiff asserting a Title VII status-based discrimination claim required to meet the but-for causation standard (as variously articulated by the Circuits) in order to survive summary judgment or may she survive summary judgment by meeting the motivating factor standard? 2. Ifboth motivating factor and but-for causation standards are available to a Title VII status-based discrimination claimant, must the claimant specifically plead the motivating factor standard in her complaint or may she raise it for the first time in response to a motion for summary judgment?