Magazine article HRMagazine

Legal Briefs

Magazine article HRMagazine

Legal Briefs

Article excerpt

INDEPENDENT INVESTIGATION CAN PRECLUDE 'CAT'S PAW' LIABILITY

A supervisor's discriminatory animus will not support "cat's paw" liability-that is, the liability that arises if one person is duped into carrying out the wishes of another person who doesn't provide all the relevant information-if the employer conducted an independent investigation that determined the adverse action was justified apart from the supervisor's recommendation, the 7th U.S. Circuit Court of Appeals ruled.

As part of an investigation into alleged employee misconduct, an employer should gather information from a variety of sources and not depend on the word of one supervisor.

UNION SAFETY SPECIALIST MUST BE GIVEN ACCESS TO FATAL ACCIDENT SITE

An employer's decision to deny a union safety specialist access to a fatal accident site was unlawful, the 7th U.S. Circuit Court of Appeals ruled. The National Labor Relations Act requires unionized employers to bargain collectively with the union. …

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