Supreme Court Upholds “Cat’s Paw” Theory of Liability

more+
less-

On March 1, 2011, the Supreme Court issued its opinion in Staub v. Proctor Hospital, upholding a theory of employment discrimination liability generally referred to as the “cat’s paw” theory. Under the “cat’s paw” theory, an employer may remain liable for the discriminatory animus or intent of a biased supervisor, even if the biased supervisor was not the decision maker, if the employee shows that the employer’s decision was influenced by the biased supervisor.

The term “cat’s paw” derives from an Aesop fable put into verse by La Fontaine in 1679, which Judge Posner relied upon in a 1990 discrimination case. According to Judge Posner’s opinion, “[i]n the fable, a monkey induces a cat by flattery to extract roasting chestnuts from the fire. After the cat has done so, burning its paws in the process, the monkey makes off with the chestnuts and leaves the cat with nothing.”

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Lane Powell PC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×