Stoel Rives attorney Marc Alifanz discussed in Business Insurance the impact of the recent U.S. Supreme Court Vincent E. Staub v. Proctor Hospital ruling. The near unanimous decision upheld the so-called "cat's paw" theory of employer liability, under which employers are liable for discrimination where lower-level supervisors with discriminatory motives influence, but do not make, adverse employment decisions made by higher-level managers.
Alifanz said the ruling will make it more difficult for employers to win summary judgments because courts will have to consider individual facts of each case. "It's a tough decision for employers. It's going to be yet another avenue in which there's going to be a lower standard for plaintiffs in employment cases to state their claim, no question about that."
You can read an extended discussion of the Staub decision on our World of Employment blog.
"Bias Theory Upheld in Reservist Case" was published by Business Insurance, March 7, 2011.