Sixth Circuit expands on "cat's paw" discrimination

Lexology.com
Barnes & Thornburg LLP

William A. Nolan

  USA

July 16 2012

Readers may remember the Staub v Proctor Hospital decision issued by the U.S. Supreme Court in March 2011, essentially holding under the “cat's paw” theory that employers may be liable for discrimination if the decision maker relies on input from subordinates with discriminatory intent, even if the decision maker did not have discriminatory motives. In addition to the question, “why is it called ‘cat's paw’ anyway” (more on that below), employers as with most Supreme Court decisions are waiting to see how the rule evolves as it is interpreted by the lower federal courts.

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