• U.S. Supreme Court Upholds “Cat’s Paw” Theory of Discrimination
  • May 23, 2011 | Author: John A. McCreary
  • Law Firm: Babst Calland - Pittsburgh Office
  • The United States Supreme Court recently upheld the “cat’s paw” theory for proving discrimination. Under the cat’s paw theory, a plaintiff can prove discrimination even when the ultimate decision-maker to the adverse action did not harbor any discriminatory animus toward the plaintiff. The “cat’s paw” refers to a theory of liability in which a lower level supervisor harbored discriminatory animus toward the employee and, because of that animus, tainted the “innocent” decision-maker’s decision to take the adverse action.