Some recent court rulings have referred to the “cat’s paw theory” of liability for discrimination. Employers should be aware of these recent decisions because:
- Employers can be held liable under this theory, even if there is no evidence that the ultimate decision-maker acted in a discriminatory manner;
- Supervisors who wrongly influence a termination decision can be personally liable in a race case under Section 1981; and
- This is a terminated employee’s answer to the employer-friendly “honest belief” rule.