In Staub v. Proctor Hospital , 131 S. Ct. 1186 (March 1, 2011), the United States Supreme Court addressed when an employer may be held liable due to “the discriminatory animus of an employee who influenced, but did not make, the ultimate employment decision.” The majority opinion, issued by Justice Scalia, endorsed the “cat’s paw” theory of liability. Although Staub did not involve a Title VII claim, the case’s holding will almost certainly be applied to claims brought under Title VII. The Court’s holding in Staub could also potentially be applied to claims asserted under New Jersey state law.
The cat’s paw theory gets its name from a 17th century fable written by Jean de la Fontaine. In the story, a monkey persuades a cat to pull chestnuts out of a fire. In the process, the cat gets burned while the monkey gobbles up the chestnuts. Today the term cat’s paw means “one used by another to accomplish his purposes.”
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