10th Circuit Upholds Rejection Of Cat’s Paw Theory In Race Bias Suit

(September 30, 2015, 12:59 PM EDT) -- DENVER — A former plant employee who was fired for performance-related issues failed to establish under the “cat’s paw” theory of recovery that his supervisor discriminated against him because of his race and then influenced the decision to terminate his employment, the 10th Circuit U.S. Court of Appeals ruled Sept. 25 (Karry L. Thomas v. Berry Plastics Corporation, No. 14-3100, 10th Cir.; 2015 U.S. App. LEXIS 17013).

(Opinion available. Document #73-151009-011Z.)

From 2003 to 2010, Karry Thomas, a black man, was employed by Berry Plastics Corp.,...
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