Cat’s Paw Theory of Discrimination – Page 2

May 1, 2014 by mjpospis

Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory Remark

In Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…

U.S. Supreme Court Clarifies “Cat’s Paw” Liability Theory

In Staub v. Proctor Hospital, 131 S.Ct. 1186 (2011), (slip opinion here), the Supreme Court clarified the circumstances – under the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4311 – under which an employer may be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not…