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When the Cat’s Paw Scratches: How a University Got Schooled on Employment Law

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R

ecently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional

&

rsquo;s radar. What is the Cat&

r

squo;s Paw Theory? The ‘cat’s paw’ theory holds an employer liable for the discriminatory actions of a non-decision-making employee if those action

s

influence the decision-maker.

Now, Let’s See It in Action. The magistrate noted that the plaintiff, a black man, endured significant discrimination during his tenure at a university. His Latino supervisor frequently berated and criticized Black employees, using racial slurs. The supervisor also falsely accused the plaintiff and other Black employees of

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