EMPLOYER DISCRIMINATION; DISCRIMINATION – Lack of Knowledge of Protected Activity

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Under the “cat’s paw” theory, employers are responsible where discriminatory or retaliatory actions by supervisory personnel bring about adverse employment actions through the instrumentality or conduit of other actors who may be entirely innocent of discriminatory or retaliatory animus. In contrast, under the subordinate bias liability theory, a supervisor’s unlawful motive may be imputed to the decision-maker when: (1) the supervisor’s recommendation, evaluation, or report was motivated by the employee’s protected activity; (2) the supervisor intended for his or her conduct to result in an adverse action; and (3) the supervisor’s conduct caused the decision-maker to take adverse action against the employee.