Transfer Of Intent To Discriminate In The Workplace

October 20th, 2007

Connecticut law allows for the transfer of intent to discriminate. The employee must still establish some proof of improper motive. Nevertheless, companies may be held liable for discrimination even where the decision-making official did not intentionally discriminate if the information used by that official in deciding to terminate a worker’s employment was filtered through another employee who had a discriminatory motive. See Jiles v. Ingram, 944 F.2d 409, 413–14(8th Cir. 1991) (discriminatory intent of employer’s agents sufficient proof to hold employer responsible for discriminatory termination without intentional discriminationby final decision-maker); see also Kientzy v. McDonnell Douglas Corp., 990 F.2d 1051, 1057 (8th Cir. 1993) (‘‘when a committee has ‘acted as the conduit of [a supervisor’s] prejudice—his cat’s paw—the innocence of its members would not spare the company from liability’ ’’).

Comments are closed.