Cat's paw
Immunity/Affirmative Defense
Imputing Improper Motive
Pretext
Topics
Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages
Cat's paw
Unpacking the Claws of Cats Paw TheoryEvidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. Immunity/Affirmative Defense
Governmental Immunity & YouThe Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateSubmission of online application by Plaintiff authorizing prior employers to provide full details of past employment does not waive a mutual non-disparagement provision of a settlement agreement. Imputing Improper Motive
An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. Pretext
You Know It Was Discrimination—But Can You Prove It? The Legal Framework That Decides Your Case Is Under AttackFailure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination.