Benefits Think The ‘cat’s paw’ theory: How employers may be liable

Published 4 Min Read

Commentary: For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or unwillingly by another to accomplish the other’s own purpose.

In the employment discrimination context, an employer can be liable under a cat’s paw theory if an employee is terminated, suspended, etc. because of the discriminatory bias of another employee even if the manager/supervisor who made the disciplinary decision had no idea about the other employee’s bias.

Leonard Feigel
Associate and litigation lawyer

Leonard V. Feigel is an associate and litigation lawyer with Foley & Lardner LLP, where he advises employers in all aspects of employment law including litigation.


For reprint and licensing requests for this article, click here.


More From Employee Benefit News

Sign Up Form

Login Modal Form