Second Circuit "Purrs" On Cat's Paw Liability Case

Seyfarth Synopsis: Recently, the Second Circuit held that the "cat's paw" theory of liability may be used to support recovery for claims of retaliation where an employer negligently relies on information provided by a low-level employee with an "unlawful animus," allowing employees to have an "outsize role" in an employment decision.

In Vasquez v. Empress Ambulance Service, the plaintiff complained of sexual harassment and the company began conducting an investigation, which led to the company's downfall. After getting wind of the complaint, the alleged harasser, Gray, himself produced false evidence that the plaintiff, Vasquez consented to and solicited a sexual relationship of her own accord and had in fact harassed Gray, which resulted in Vasquez's termination. The court found the company's reliance on the information Gray provided during the investigation to be unjustifiable. The court held that as a matter of law, the company could be found liable for Gray's