How to Avoid “Cat’s Paw” Discrimination Claims – How Subordinate Bias Can Taint an Otherwise Non-Discriminatory Employment Decision

On March 1, 2011, the U.S. Supreme Court issued a pivotal decision analyzing the so-called “cat’s paw” theory of discrimination, under which employers may be liable for the discriminatory acts of a biased manager who influences, but does not make, an adverse employment decision. This Alert discusses the recent decision.