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· 6/7/2006

Equal Employment Opportunity Commission v. BCI Coca-Cola Bottling Co.

Citations

  • 450 F.3d 476
  • 2006 U.S. App. LEXIS 13968
  • 88 Empl. Prac. Dec. (CCH) 42,419
  • 98 Fair Empl. Prac. Cas. (BNA) 571

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that courts are divided \as to the level of control a biased subordinate must exert over the employment decision\ before employers may be liable under a cat's paw theory
  • noting that courts are divided “as to the level of control a biased subordinate must exert over the employment decision” before employers may be liable under a cat’s paw theory
  • recognizing liability where “a biased subordinate, who lacks decision-making power, 22 uses the formal decisionmaker as a dupe in a deliberate scheme”
  • qualifying that “an employer can avoid liability by conducting an independent investigation of the [biased subordinate’s] allegations against an employee”
  • noting that the issue turns on “whether the biased subordinate’s discriminatory reports, recommendation, or other actions caused the adverse employment action”
  • stating that mere “influence” or “input” in decisionmaking process will not support claim of subordinate bias

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, McKay, McConnell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.