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

By Frances K. Browne and Sean Sullivan
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

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