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What is the “Cat’s Paw” Theory of Liability When it Comes to Retaliation?

Just like any community, the workplace is subject to conflict.  Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker.  Employers are advised to exercise caution with employee complaints to avoid being burned by the Cat’s Paw theory of liability. What Is the Cat’s Paw Theory of Liability? The Cat’s Paw theory of liability is based on the fable in which a monkey tricks a cat into pulling chestnuts from a fire. Read more
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New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The EEOC believes the updated enforcement guidance is necessary since nearly 43% of all private sector charges filed in 2014 included retaliation claims.  While the enforcement guidance is not binding law, employers should be aware of it since it is used by the agency in investigations Read more