Within the Grasp of the Cat\u27s Paw: Delineating the Scope of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes

Abstract

Federal antidiscrimination statutes generally ban adverse employment actions taken because of certain specified traits or characteristics. Under the Civil Rights Act of 1964, Title VII, for example, an employer is prohibited from discriminating because of an individual\u27s race, color, religion, sex, or national origin. 1 The Age Discrimination in Employment Act of 1967 (ADEA) uses similar language in banning discrimination against any individual ... because of such individual\u27s age. 2 And, while the antidiscrimination formula utilized by the Americans with Disabilities Act of 1990 (ADA) is more complicated than either Title VII or the ADEA, it too prohibits discrimination against a qualified individual on the basis of disability.