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Civil Rights and Discrimination
University of Arkansas at Little Rock William H. Bowen School of Law
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Subordinate Bias Liability, Theresa M. Beiner
Subordinate Bias Liability, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."
The …