In Termination, Liability Doesn't Stop At The Employer
August 6, 2012, 1:14 PM EDT
Law360, New York (August 6, 2012, 1:14 PM EDT) -- The U.S. Seventh Circuit Court of Appeals recently concluded, in an issue of first impression, that an employee who does not directly make the decision to terminate another employee, but who influences that decision on the basis of an impermissible bias, may be held individually liable under 42 U.S.C. § 1981 in a subsequent lawsuit.
The plaintiff in this case, Smith v. Bray, was Darrel Smith, who formerly worked as process technician at an Equistar Chemicals LP plant in Morris, Ill. After he was terminated, Smith...