Discriminatory Termination – Unlawful Retaliation

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Civil

7th Circuit Court of Appeals

Officials: KANNE, WILLIAMS, and HAMILTON, Circuit Judges.

Discriminatory Termination – Unlawful Retaliation

No. 13-3766

John Woods v. City of Berwyn

Appellants claims that respondent-defendant utilized the Board to fire him fail under cat’s paw theory. The board independently reviewed evidence they felt sufficient to warrant termination.

“Woods admits that he cannot show that the direct decision-maker, the Board, acted with discriminatory animus. Instead, he relies on the “cat’s paw” theory of liability. We were the first circuit to use the phrase “cat’s paw” when discussing a subordinate using her superior to commit a discriminatory act in the employment discrimination context. See Shager v. Upjohn Co., 913 F.2d 398, 405 (7th Cir. 1990). As the Supreme Court noted, the phrase comes from one of Aesop’s Fables in which a monkey induces a cat, by flattery, to extract roasting chestnuts from the fire. Staub v. Proctor Hosp., 562 U.S. 411, 415 n.1 (2011). The duped cat burns its paws while getting the chestnuts, and the monkey takes them, leaving the cat with nothing. Id. In the employment discrimination context, the cat’s paw theory of liability applies when “a biased subordinate who lacks decision-making power uses the formal decision-maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” Matthews v. Waukesha Cnty., 759 F.3d 821, 828 (7th Cir. 2014) (internal citations omitted); see also Staub, 562 U.S. at 419 (applying cat’s paw theory to Uniformed Services Employment and Reemployment Rights Act).”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.[/box]