Market Areas > Human Resources > Discrimination

HR and Cat’s Paw Liability: The Latest Discrimination Threat to Employers

Course Description:

The recent Supreme Court ruling, Staub V. Proctor Hospital, established a new way for employers to face lawsuits.  It’s called the “cat’s paw” theory of liability. And this cat’s paw has claws — because it opens the door for increased discrimination and retaliation claims.

Here’s an example…a manager tells you an employee has been disciplined and requests termination. You trust your manager’s judgment, and terminate the employee. Unbeknownst to you, that manager has been discriminating against the employee. 

This ruling now makes it possible for the employer to be held liable for innocently taking into account adverse information provided by the manager.  And although Staub V. Proctor Hospital was decided under USERRA, the cat’s paw theory will likely apply equally to Title VII and other laws prohibiting discrimination, making the case even further-reaching.

Course Highlights:

During this comprehensive audio conference, leading employment law firm Seyfarth Shaw, will explore how you can prepare for the new exposures and develop proactive strategies to protect your organization, including:

• A clear understanding of this complex case
• Insight into the exposures it opens all organizations up to
• An understanding of the role independent investigations must play in employee discipline and terminations
• An understanding of when independent investigations must occur – and when they’re not necessary
• Strategies to protect your organization from “cat’s paw” claims
• An appreciation for how effective training can help prevent these lawsuits
• An understanding of the procedures necessary to review disciplinary actions
• An understanding of the necessity of an internal complaint procedure – and how to structure one that works

Featured Faculty:

Alex S. Drummond, Partner, Seyfarth Shaw

Mr. Drummond is a partner in the Labor and Employment Department in the Atlanta office of Seyfarth Shaw LLP.  His practice includes the representation of management in employment litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.  Mr. Drummond also counsels clients on a wide variety of employment matters, including disability accommodation, family and medical leave under federal and state laws, workplace investigations, training, background checks, pre-hire testing, performance assessment and discipline, workforce reductions-in-force, whistleblower claims, defamation, handbooks and policies review, and terminations.

As a member of the firm’s Complex Discrimination Litigation Practice Group, Mr. Drummond has defended employers in a variety of complex discrimination cases, including multi-plaintiff discrimination lawsuits, EEOC pattern and practice cases, putative class and collective actions alleging violations of Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act of 1992, and the Age Discrimination in Employment Act of 1967, as well as collective actions under the Fair Labor Standards Act.  In these cases, he has had success in striking class allegations, defeating class certification, limiting class size, and reaching early and favorable resolutions.

Kyle R. Hartmen, Associate, Seyfarth Shaw

Mr. Hartman is an associate in the Labor & Employment Department in the Chicago office of Seyfarth Shaw LLP. His practice focuses complex labor and employment litigation, representing companies nationwide in challenges to the independent contractor status of workers, employment discrimination and harassment matters, and wage and hour matters.  He also represents and counsels employers on single and multi-plaintiff matters arising under Title VII of the Civil Rights Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA).  In addition, Mr. Hartman has been involved in reviewing and commenting on proposed labor & employment legislation before the United States Senate and United States House of Representatives, as well as proposed regulations before the EEOC and Department of Labor.  Prior to joining Seyfarth Shaw, Mr. Hartman was an intern to the Federal District Court of the Eastern District of Wisconsin and the National Labor Relation Board, Region 30.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

pricing:

Unable to Attend?  Order the CD!
Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

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