United States Supreme Court To Decide Cat's Paw Theory In Discrimination Cases. Employment Lawyers in New Jersey Will Be Following This Case Closely.
Employment lawyers in New Jersey and rest of the Country are going to follow this case closely. The United States Supreme Court recently asked the solicitor general for the government's position on the case of Staub v. Proctor Hospital, a case which may resolve a conflict in the United States federal circuits. The issue before the Court is over the so-called "cat's paw theory". The theory holds an employer liable for discrimination when a final decision-maker is influenced by a lower-level employee with discriminatory motives to take an adverse action against another worker.
The First, Third, Fifth and Ninth circuits have upheld the cat's paw claim where the terminated employee was able to prove that a biased worker actually influenced the final decision. However, the Fourth Circuit has held that if the final decision-maker's motive is pure, an employer cannot be held liable for a subordinate's alleged bias. The 10th Circuit actually requires evidence that the biased subordinate caused the firing or demotion through his discriminatory recommendations, reports or actions.
