Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

KickerFeaturesTopicsLitigationSectionsNewsLJN NewslettersEmployment Law Strategist

The 'Cat's Paw' Doctrine in the Second Circuit

BY Frances K. Browne
August 30, 2012

Current business management theory champions a collaborative and open work environment in which employees are empowered to share viewpoints about everything from product development to the performance of co-workers. Organizations as large as Facebook (where even Mark Zuckerberg does not have an office) and as modest as the corner coffee shop have recognized the benefits of encouraging employees to trade strategies and arrive at shared decisions. However, collaborative decision-making can have unintended legal consequences. Courts have found that if employees with supervisory responsibilities are motivated by discriminatory animus, and employers innocently rely on their recommendations, then a discrimination claim may lie against the employer.

The 'Cat's Paw Doctrine

Imputing liability to an employer that relies on input from a biased employee is known as the “cat's paw” theory of liability. The name originates from Aesop's fable of the foolish cat and the clever monkey. The monkey, through flattery, tricks the cat into pulling roasted chestnuts from a fireplace. As the cat takes the chestnuts from the fire, the monkey eats them, leaving the cat with a burned paw and the monkey with a full stomach. One moral of the story is to beware of those with ulterior motives, and the term “cat's paw” now commonly refers to someone who is being used as a pawn by another. In the employment law context, an employer that takes the word of a prejudiced supervisor may end up getting burned.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.