Cat's Paw liability for employer based on biased investigation.

The plaintiff claimed that she was wrongfully terminated due to racial animus and following an altercation with a co-worker. The altercation was referred to the employer's Human Resources department, and an investigation was conducted. The investigator recommended the plaintiff's termination, and the recommendation was adopted by the Disciplinary Review Committee. The plaintiff claimed that the investigator's recommendation was racially motivated. In affirming a jury verdict in favor of the plaintiff and a nearly half million dollar damage award, the appellate division concluded that the Cat's Paw jury charge, which used the term "influenced," was sufficient to instruct the jury that they needed to find that the investigator's recommendation was the proximate cause of the termination decision.

Case Law Alert - 4th Qtr 2012