“Cat’s Paw” LiabilityEmployer Liability for Employee Discriminatory Conduct
As employers have come to understand, hiding one’s head in the sand is not a viable strategy for dealing with complaints of sexual harassment or other employee misconduct. And if any doubt remained, a U.S. Second Circuit Court of Appeals decision recently put a claw in it. Using the so-called “cat’s paw” theory of liability, the Court in Vasquez v. Empress Ambulance Service determined that if an employer, without undertaking a
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