Provisional Blog

In the recent 2011 case, Staub v. Proctor Hospital, the U.S. Supreme Court ruled that the ultimate decision maker, even if completely unbiased, is not safe in employment discrimination cases when the claimant can establish that a lower-level manager demonstrated discrimination.

In this particular case, two managers did not like one of their employees, Vincent Staub, because Staub was in the Army Reserves and as a result, he was absent from work one weekend a month and a few weeks out of the year. Rather than firing him, the managers decided to make working conditions so difficult that Staub couldn’t possibly live up to expectations.

The managers then handed the case to a hospital HR representative who reviewed it and, not knowing about the bias of the two managers or how they had conspired, fired Staub. Even though the HR representative acted in a good faith, Proctor Hospital was still found liable by the U.S. Supreme Court. (This has come to be known as the “cat’s paw” theory. The name of the theory refers to a 17th century French tale in which a monkey persuades a cat to reach into a fire to grab chestnuts. The monkey gets the chestnuts, while the cat gets a burned paw.)

In fact, the Court unanimously ruled that employers can be held liable for decisions that are at least made in part due to the influence of a manger or supervisor with discriminatory motives – even when the final decision maker is essentially used as a pawn. So even though, in the Staub case, there was no evidence that the HR representative had any ill feelings towards Staub or even knew how Staub’s managers felt, the Illinois hospital was still found liable for discrimination.

Clearly, HR and employment law can get complex. If you’re looking for some guidance and clarity, please contact Provisional. As a Northwest employment firm, we can offer you the HR and employment information you need to run your business efficiently and in compliance with complicated federal, state, and local employment laws. Please contact us today to learn more.

As an HR and staffing agency serving Seattle and Spokane, we’ve seen companies make a lot of HR mistakes. And, unfortunately, these mistakes can be like ticking time bombs, just waiting to explode.

So what can you do to avoid employee-related errors? Here are some tips:

Not establishing a sexual harassment policy.
Employers are liable for the actions of their managers. That means if you have a manager who is acting inappropriately, you are responsible. In light of that, make sure you implement an effective sexual harassment policy. Also, be sure to act in a timely manner to investigate any claims of sexual harassment.

Not completing I-9 forms for new employees.
This can be a costly mistake if the Immigration and Naturalization Service audits you. You are not required to photocopy employee-produced documents, but you must be sure to fill out the I-9 forms completely.

Failing to document disciplinary action.
Make sure you document the unsatisfactory performance of an employee. If it ever comes down to it and you have to fire them, you’ll have documented proof of their poor performance. Not keeping documentation can leave you vulnerable to discrimination lawsuits.

Requiring medical exams before a job offer.
The Americans With Disabilities Act (ADA) prohibits employers from asking candidates about disabilities or requiring medical exams before an offer of employment is made. You can ask a candidate to take a job-relevant medical exam only after offering a position to them.

Failing to take keep your workforce union free.
Be sure to remain in constant communication with your employees to deal with grievances. If employees don’t think you’re interested in issues impacting them, then they may look outside the workplace for representation.

If you have any questions about HR and employment law, please contact Provisional. As an HR and staffing agency serving Seattle and Spokane, we can answer any questions you may have and help to ensure you are in compliance with all necessary state and federal employment regulations.