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.
A new decision from the Sixth Circuit Court of Appeals (covering Ohio, Michigan, Kentucky, and Tennessee) provides a good example of how an employer might have cat's paw liability. Chattman v Toho Tenax America, Inc. was a race discrimination case brought by a black warehouse manager who was disciplined for what the employer deemed to be serious horseplay with a white employee, who reportedly suffered a workers compensation-eligible injury. Chattman was a 20-year employee in good standing and alleged that the discriminatory intent of the white human resources manager resulted in the decision by upper management to discipline him. Chattman reported three separate occasions of racially insensitive remarks by the HR manager as evidence of his discriminatory intent. The court reversed the summary judgment that the trial court had granted to the employer and sent the case back to that court for further proceedings. As always, it is impossible to put ourselves in the shoes of the parties on the basis of a single court decision, but the case underscores the critical importance of airtight documentation of disciplinary action against employees in protective classes (the court found some of the employer's evidence about the investigation of the matter to be inconsistent), and particularly against long-term employees with an apparently good record. The ultimate decision makers need to understand that even if their motives are pure, it will be fair game in litigation to attack the motives of the subordinates on whose observations and recommendations the decision maker rely. Now about that “cat's paw” label: The cat’s paw theory gets its name from a French fable about a monkey who persuaded a cat to pull chestnuts out of the fire, so the cat’s paw was burned though the monkey got the chestnuts. In other words in this context, the final decision-maker is the cat who in effect is being used to execute a decision based on the biased intent of the lower level supervisor, i.e. the monkey. Not sure who came up with that, but it seems like we are stuck with the label now.
Sixth Circuit Expands on "Cat's Paw" Discrimination
RELATED ARTICLES
Legal Pitfalls and Precautions When Returning to In-Person Events in COVID-19 Era
February 15, 2021 | Currents - Employment Law
Preemptive Strike: Employee Files TRO to Avoid Return to Workplace
September 18, 2020 | Currents - Employment Law, Employment Discrimination
SCOTUS Favors Employers’ Religious Liberties Over Employee Rights
July 9, 2020 | Currents - Employment Law, Employment Discrimination, Supreme Court Watch
That’s A Wrap: No Workplace Class Action For California Chipotle Workers
January 28, 2020 | Currents - Employment Law, Employment Discrimination
Indiana Federal Court Gives Frostbitten ADA Plaintiff The Cold Shoulder
November 22, 2019 | Currents - Employment Law, Employment Discrimination
×
Legal Pitfalls and Precautions When Returning to In-Person Events in COVID-19 Era
February 15, 2021 | Currents - Employment Law
Preemptive Strike: Employee Files TRO to Avoid Return to Workplace
September 18, 2020 | Currents - Employment Law, Employment Discrimination
SCOTUS Favors Employers’ Religious Liberties Over Employee Rights
July 9, 2020 | Currents - Employment Law, Employment Discrimination, Supreme Court Watch
That’s A Wrap: No Workplace Class Action For California Chipotle Workers
January 28, 2020 | Currents - Employment Law, Employment Discrimination
Indiana Federal Court Gives Frostbitten ADA Plaintiff The Cold Shoulder
November 22, 2019 | Currents - Employment Law, Employment Discrimination
Sixth Circuit Confirms Standard for 'Regarded As' Discrimination Under the ADA
November 12, 2019 | Currents - Employment Law, Employment Discrimination
Big Changes For Illinois Employers: Workplace Transparency Act
September 24, 2019 | Currents - Employment Law, Workplace Culture and Conduct
Navigating Discrimination Claims With Strong Documentation
September 6, 2019 | Currents - Employment Law, Employment Discrimination
Illinois EPA Amendment Lowers Standard For Discrimination Claims
August 8, 2019 | Currents - Employment Law, Employment Discrimination
Divided SCOTUS Affirms Auer Deference to Agencies’ Interpretations
July 3, 2019 | Currents - Employment Law, Supreme Court Watch
Misidentification of Employer in Discrimination Charge Not Enough for Dismissal
June 14, 2019 | Currents - Employment Law, Employment Discrimination
Don't Assume That One-Size-Fits-All Employment Policies Work Everywhere
April 5, 2019 | Currents - Employment Law, Workplace Culture and Conduct
New Illinois #MeToo Legislation Targets Sexual Harassment in the Workplace
April 3, 2019 | Currents - Employment Law, Workplace Culture and Conduct, Employment Discrimination
OFCCP Issues New Directive for Analyzing Compensation
September 4, 2018 | Affirmative Action, Currents - Employment Law
Eleventh Circuit Overturns Dismissal of Race-Based Minimum Wage Statute Challenge
July 30, 2018 | Employment Discrimination, Currents - Employment Law
Sixth Circuit Holds Full-Time Presence at Work not Essential Simply Because an Employer Says So
July 20, 2018 | Employment Discrimination, Pregnancy, Currents - Employment Law
Sixth Circuit Looks to Seventh and Ninth Circuits in Reviving Firefighters Title VII Suit against Union
June 6, 2018 | Employment Discrimination, Currents - Employment Law
In a Culture of Inclusiveness, Don’t Overlook Age
June 1, 2018 | Employment Discrimination, Currents - Employment Law
Simple Reminders For Developing Healthy Workplace Culture
May 31, 2018 | Workplace Culture and Conduct, Currents - Employment Law
Letter C: Co-Workers With Criminal Records? Your Workforce May Be More Open-Minded Than You Think
May 24, 2018 | Letter of the Law, Currents - Employment Law
B is for “Bias” - Is Bias The Not-So-New Cause of Discrimination?
April 24, 2018 | Employment Lessons, Letter of the Law, Currents - Employment Law
Sixth Circuit Holds Transgender Status Protected Under Title VII
March 12, 2018 | EEOC, Employment Discrimination, Employment Lessons, Workplace Culture and Conduct, Currents - Employment Law
Ohio Bill Protecting LGBTQ Rights Receives Widespread Support at Committee Hearing
February 8, 2018 | Employment Discrimination, High Stakes Employment Issues, Currents - Employment Law
Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court
December 28, 2017 | Employment Discrimination, Employment Lessons, Pregnancy, Currents - Employment Law
EEOC Complaint Inquiries Now a Click Away With New Public Portal
November 3, 2017 | EEOC, Currents - Employment Law
Attention, Class: Seventh Circuit Finds Preferred Teaching Methods Not Protected Activity Under ADA and Section 504
October 31, 2017 | Employment Lessons, Currents - Employment Law
Will Ohio Pass a Law to Protect LGBTQ Rights?
October 3, 2017 | Employment Discrimination, Currents - Employment Law
U.S. Supreme Court is Asked to Answer the Question: What Do You Mean by ‘Sex’?
September 11, 2017 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Don’t Get Caught in the Weeds: Hiring Issues and Medical Marijuana
August 21, 2017 | Employment Discrimination, Currents - Employment Law
Court Invites EEOC’s Opinion on Whether Title VII Prohibits Sexual Orientation Discrimination
June 5, 2017 | Employment Discrimination, Currents - Employment Law
Second Circuit Takes Second Look at Sexual Orientation Discrimination Under Title VII
May 26, 2017 | Employment Discrimination, Currents - Employment Law
Ohio House Takes Steps to Modernize Outdated Antidiscrimination Statutes
May 23, 2017 | High Stakes Employment Issues, Currents - Employment Law
Avoiding the Danegeld: Discouraging Me-Too Claims Following a Settlement
May 5, 2017 | Employment Lessons, Workplace Culture and Conduct, Currents - Employment Law
Lessons Learned: Job Descriptions Do Matter
May 1, 2017 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Court Tells Skydiver’s Estate It Won’t Reconsider Title VII Claim
April 19, 2017 | Employment Discrimination, Currents - Employment Law
Minnesota Human Rights Act’s Statute of Limitations Tolls When Employer Investigates Discrimination Complaints
April 13, 2017 | Employment Discrimination, Currents - Employment Law
Suspending Employee Who Hit Boss With Vehicle Not Retaliation
April 11, 2017 | EEOC, Currents - Employment Law
Does Same-Sex Harassment Support Gender Discrimination Claims? Texas Supreme Court to Decide
March 17, 2017 | EEOC, Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield
March 16, 2017 | Employment Discrimination, Currents - Employment Law
Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court
March 8, 2017 | Employment Discrimination, Currents - Employment Law
A Charge-d Atmosphere: A Few Pointers When a Current Employee Files a Charge
February 21, 2017 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
Blog Update: North Carolina Business that Fired Pregnant Employee Agrees to Three-Year Consent Decree with EEOC
February 13, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
2016: EEOC Charges Keep Climbing
February 8, 2017 | EEOC, Currents - Employment Law
EEOC Issues New Guidelines on National Origin Discrimination
November 23, 2016 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Seventh Circuit Discards Well-Worn Standard for Discrimination Cases
August 29, 2016 | Employment Discrimination, Currents - Employment Law
Ray of Hope Peeks Through a Mound of Proposed EEOC Data Requirements: Senators Fight to Nix EEOC Plan
August 25, 2016 | EEOC, Currents - Employment Law
OSHA’s New Mandatory Electronic Recordkeeping Rule
June 23, 2016 | Employment Discrimination, Currents - Employment Law
A Smorgasbord of Termination Reasons That Might Be Used Against You
May 13, 2016 | Employment Discrimination, Currents - Employment Law
Transgender Bathroom Access Addressed in New EEOC Fact Sheet
May 6, 2016 | Employment Discrimination, Currents - Employment Law
A RIFing Yarn: How Being Able to Support a RIF Pays Off Down the Road
April 23, 2016 | Employment Discrimination, Currents - Employment Law
The Benefits of Adopting an Effective Complaint-Reporting Procedure
April 22, 2016 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII
April 18, 2016 | Employment Discrimination, Currents - Employment Law
Don’t Call a Transgender Employee “It”
April 6, 2016 | Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed
November 23, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
DO IT FOR THE VINE! How This Week’s Viral Social Media Trend Can Spark Legal Liability in the Workplace
November 11, 2015 | Social Media and Technology, Currents - Employment Law
Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination
September 4, 2015 | Employment Discrimination, Currents - Employment Law
Not All Good Deeds Are Punished: A Paid Suspension Is Not An Adverse Employment Action For Title VII
August 19, 2015 | Employment Discrimination, Currents - Employment Law
More Hope for Employers Who Have Ever Felt Bullied by the EEOC
July 1, 2015 | EEOC, Currents - Employment Law
Do Not Seek DNA Information From Employees…
June 19, 2015 | Employment Discrimination, Currents - Employment Law
Zoo Fires Employee For Social Media Comment About Serving “Rude A** White People”
June 18, 2015 | Social Media and Technology, Currents - Employment Law
EEOC Targets Minnesota Company For Alleged Transgender Discrimination
June 17, 2015 | EEOC, Currents - Employment Law
Unanimity and Clarity: U.S. Supreme Court Outlines Standards for Judicial Review of EEOC Conciliation
April 29, 2015 | EEOC, Employment Discrimination, Currents - Employment Law
U.S. Supreme Court to Provide Guidance on Constructive Discharge Statute of Limitations Period
April 29, 2015 | Employment Discrimination, Currents - Employment Law
No Girls Allowed Isn’t Allowed: Even Roughnecks Have To Follow The Law
April 1, 2015 | EEOC, Currents - Employment Law
Saks Settles Controversial Transgender Discrimination Case
March 9, 2015 | Employment Discrimination, Currents - Employment Law
Man Claiming Hand Scanning Time Clock Causes “Mark of the Beast” Wins Religious Discrimination Suit
January 23, 2015 | Employment Discrimination, Currents - Employment Law
Hope For Employers: Some Courts Are Requiring The EEOC To Thoroughly Investigate Allegations Before Siding With Employees
January 15, 2015 | EEOC, Currents - Employment Law
Recent Case In Michigan Highlights Increased Focus On Transgender Discrimination
November 7, 2014 | Employment Discrimination, Currents - Employment Law
Watch Your Language in the Workplace: Timeless Challenge for Employers
October 3, 2014 | Letter of the Law, Currents - Employment Law
EEOC SUES TWO EMPLOYERS FOR TRANSGENDER DISCRIMINATION
September 30, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
Reminder: Pregnant Employees are a Protected Class
September 18, 2014 | Employment Discrimination, Pregnancy, Currents - Employment Law
Employee Evaluation Practices Under Scrutiny
August 1, 2014 | Letter of the Law, Currents - Employment Law
Workplace Bullying may Amount to Actionable Discrimination
February 27, 2014 | Employment Discrimination, Currents - Employment Law
“Using Social Media to Discriminate”: Please Read the Fine Print
December 2, 2013 | Employment Discrimination, Social Media and Technology, Currents - Employment Law
Breaking - Mixed Bag Ruling In California Mixed Motive Case
February 8, 2013 | Employment Discrimination, Currents - Employment Law
EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition
July 25, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Complaints Need Not Include Facts Which Would Support a Prima Facie Case of Discrimination under McDonnell Douglas
July 5, 2012 | Employment Discrimination, Currents - Employment Law
EEOC Finds that Transgender Workers Are Protected by Title VII
June 4, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center
RELATED TOPICS
Discrimination
TOP
