Airline's independent investigation grounds agent's claims

The "cat's paw" theory of liability applies when a biased supervisor who lacks decision making power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action. The U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin employers) recently considered and rejected the theory in a case filed by an airline agent who was terminated after she abused travel privileges.

Bridge too far

In 2012, Ciara Vesey began working as a station agent at the Quad Cities airport in Rock Island County for Envoy Air, Inc., which operates as American Eagle Airlines. In 2014, she drove a jet bridge into an aircraft, for which she received a serious reprimand, the last step before termination. As part of the reprimand, which was to remain in place for two years, she signed a letter of commitment agreeing to comply with all company rules and regulations.

In 2016, Vesey complained to HR about favoritism and bias. Envoy investigated and found the complaint unsubstantiated.

Later the same year, Vesey (who is black) complained again, this time claiming coworker Eric Masengarb had directed racist comments and actions toward her. Envoy investigated again and this time found the complaint to be substantiated. The company fired Masengarb.