Staub V. Proctor Hospital: Cat's Paw Has Claws

Law360, New York (March 3, 2011, 4:56 PM EST) -- On March 1, 2011, in a unanimous decision written by Justice Antonin Scalia, the U.S. Supreme Court ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision — the so-called “cat’s paw” theory of liability.[1]

The court held that “if a supervisor performs an act motivated by anti-military animus that is intended by the supervisor to cause...
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