We continue to follow the progress of this "Cat's Paw" theory case through the Supreme Court. This past week the Petitioner in BCI Coca-Cola Bottling Co. v. EEOC filed its brief on the merits. As we have previously noted, the issue in this case involves the question of whether an employer is liable for discrimination in a discharge case where the decision-maker making the discharge decision had no discriminatory animus, but the discharged employee's direct supervisor (who provided information acted on by the decision-maker) arguably did. Thomas Goldstein with my former firm, Akin Gump Strauss Hauer & Feld, is co-counsel for the Petitioner with E. Todd Presnell of Miller & Martin in Nashville. Oral argument is scheduled for April 18th.
More:10th Circuit Opinion Below: Equal Employment Opportunity Commission v. BCI Coca-Cola Bottling Co (10th Cir 2006).