The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases.
This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a USERRA case. But the Second Circuit went even further, allowing for the use of the Cat’s Paw argument in Title VII retaliation cases and in cases where a non-supervisory employee’s discriminatory actions lead the employer to take an adverse employment action against that employee’s co-worker. Until now, Cat’s Paw had mostly focused on employer liability based on the actions of misbehaving supervisors in hostile work environment cases. The decision puts additional pressure on employers to identify and eliminate discriminatory behavior in their workplaces. This post will briefly examine the Cat’s Paw doctrine and explain how the Second Circuit’s expanded its use in Vasquez v. Empress Ambulance Service, Inc., No. 15-3239 (2d Cir. Aug. 29, 2016).
Michael Arnold is a Member in Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s New York office. He advises clients on complex employment litigation matters, including pretrial, trial, and appellate work; administrative proceedings; and arbitrations and mediations relating to wage and hour, discrimination, noncompete, trade secret, general contract disputes, and other employee-related disputes. Mr. Arnold regularly advises clients regarding employee performance, retention and separation issues, and compliance with discrimination, wage and hour, family and medical leave, workers’ compensation, disability, and other employment laws and regulations.
Robert Sheridan is an Associate in Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s Boston office. He focuses his practice on litigation and counseling on federal and state labor and employment issues. Mr. Sheridan counsels clients on issues related to discrimination and harassment, wage and hour, employee classification, wrongful termination, and the enforcement of noncompetition and nondisclosure agreements. He has represented clients involved in employment litigation before federal and state courts and administrative agencies, including state fair employment and human rights agencies.
Agenda
Faculty
Michael S. Arnold
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
- Attorney in Mintz Levin Cohn Ferris Glovsky and Popeo P.C.’s Employment, Labor and Benefits Section
- Experienced in representing clients in complex litigation
- J.D. degree, Boston University Law School
- B.S. degree, Cornell University's School of Industrial and Labor Relations
Robert Sheridan
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.,
Robert Sheridan is an Associate in Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s Boston office. He focuses his practice on litigation and counseling on federal and state labor and employment issues. Mr. Sheridan counsels clients on issues related to discrimination and harassment, wage and hour, employee classification, wrongful termination, and the enforcement of noncompetition and nondisclosure agreements. He has represented clients involved in employment litigation before federal and state courts and administrative agencies, including state fair employment and human rights agencies.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- Live Webinars
- OnDemand Webinars
- MP3 Downloads
- Course Manuals
- Audio Recordings*
- Executive Reports
- White Papers and Articles
- Sponsored Live Webinars
Additional benefits include:
- State Specific Credit Tracker
- Members Only Newsletter
- All-Access Pass Course Concierge
* For audio recordings you only pay shipping
Questions? Call 877-296-2169 to speak with a real person.
Thank You!
Download White PaperMore Program Information
Access to all training products $699/year
Unlimited Lorman Training
With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!
Easy Registrations
Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.
Invest in Yourself
You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.
