Tennessee Employment Bias Suit Proceeds Under ‘Cat’s Paw’ Theory of Liability

A Tennessee court has allowed a man to pursue a racial discrimination lawsuit after being reprimanded for his role in a questionable workers’ compensation claim.

The U.S. Court of Appeals Sixth Circuit ruled that Everett Chattman could pursue the Title VII discrimination lawsuit despite a lower court’s ruling in favor of his employer, Toho Tenex America Inc.

The court invoked the “cat’s paw” theory of liability, finding that the company’s human resource director’s racial animus could be used to establish the company’s liability even though the HR director was himself not involved in the disciplinary action taken against the employee.

Chattman, an African-American, was reprimanded after he bear-hugged a fellow white worker, who later filed a workers’ compensation claim.

The incident spurred a series of events that revolved around the company’s human resource director, Jeff Tullock, whom Chattman alleged had a racial bias.

Managers reprimanded Chattman, however since they did so based on Tullock’s actions, their actions were an extension of the racial prejudice, the cvourt said.

The case goes back to the lower where a jury can decide any potential damages.