Kyle Hartman Published in Law360
“Staub v. Proctor Hospital: Cat’s Paw Has Claws”

Employment associate Kyle Hartman’s article, “Staub v. Proctor Hospital: Cat’s Paw Has Claws” was published in the March 3, 2011, edition of Law360. In the article, Kyle discusses the March 1, 2011, U.S. Supreme Court ruling in Staub v. Proctor Hospital, which determined that an employer could be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision — the so-called “cat’s paw” theory of liability. Kyle outlines the implications of the court’s ruling, and offers advice to employers who would like to avoid similar litigation.

“An employer’s internal complaint procedures, independent investigation of claims of illegal bias, and anti-discrimination training for supervisors (and employees where possible) should help employers limit their exposure to liability under the cat’s paw theory while lower courts attempt to fill in the gaps left by the Supreme Court’s decision,” Kyle advises.