Monday, May 23, 2011

Practical Effects of ‘Cat’s Paw’ Ruling in USERRA Case Still Unclear for Employers

Workforce Management
The Supreme Court said the ‘singular influence’ test was too restrictive in light of USERRA, which states that an employer may be held liable for discrimination if a person’s membership in the military is a ‘motivating factor’ in the employer’s action. By George Wood
May 2011

Earlier this year, the U.S. Supreme Court ruled that a hospital worker could sue his former employer for the animosity of supervisors who did not make the ultimate decision to fire him.
The decision struck down a narrow version of the so-called cat’s paw theory of employer liability. But its practical effects for employers are unclear.

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