Under Staub, an employer is liable where a supervisor's discriminatory animus was a proximate cause of the adverse action, even though the ultimate decisionmaker harbored no bias.
An independent investigation may break the causal chain.
Alternative Names:
Cat's Paw|Subordinate Bias Liability
Why it Matters?
Independent investigation is the defense, but it must be genuinely independent rather than a review that accepts the biased supervisor's account without verification. Interviewing the employee, examining underlying records, and reaching a conclusion on facts the decisionmaker verified is what breaks the chain. Rubber-stamping a recommendation, however senior the approver, leaves the animus operative and the employer liable.
Frequently Confused with
Related terms
Frequently asked questions
What breaks the causal chain?
Does senior approval suffice?
