7th Circuit revisits cat’s paw theory to affirm dismissal of discrimination suit

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently revisited its articulation of the “cat’s paw” theory in supporting a claim that adverse employment action was taken for unlawful, discriminatory reasons. Cat’s paw is a theory that establishes an employer may be held liable for the discriminatory and retaliatory acts of its subordinate employees.

Facts

Catrina Bragg was a participant in a 90-day orientation program for newly licensed nurses at Muenster’s Community Hospital. The program was run by experienced RNs, who were responsible for training, supervising, and evaluating participants. The supervisors filled out Orientee Progress Forms to evaluate participants throughout the duration of the program and were assigned a score ranging from 1-25 with each form.

Bragg consistently received low scores on her evaluations. She attended numerous meetings with the supervisors to discuss her low scores. At the end of the program, she was given a position at one of Muenster’s long-term care facilities, with lower pay than a position at the community hospital, where she was originally set to be employed.

Bragg raised concerns to HR regarding several incidents she believed were caused by her supervisors’ animus toward her race when she was transferred to the lower-paying position. She then sued Muenster, asserting claims of racial discrimination in violation of Title VII of the Civil Rights Act of 1964 and retaliation for speaking out against discrimination.