Wash. Court of Appeals published opinion — D2 45174-3-II Order Publishing Opinion.pdf

adverse employment actions. WSH also argues that the trial court erred by allowing Boyd to base
             

45174 -3 - 11

liability on the cat' s
pawl

or subordinate bias theory. We hold that Boyd presented substantial

evidence of adverse employment actions and a causal connection to support a verdict in his favor.

The trial court correctly allowed Boyd to rely on the cat' s paw theory where he presented evidence

that a supervisor' s animus was a substantial factor in WSH' s decision to discipline him. We affirm

and award Boyd attorney fees on appeal.

FACTS

I. SEXUAL HARASSMENT ALLEGATIONS

Boyd is a registered nurse at WSH. Patricia Maddox was a supervisor in the ward adjacent

to Boyd' s ward. She would cover Boyd' s ward when his ward supervisor was absent. Initially,

Maddox treated Boyd affectionately. She bought him t -shirts from her vacations. She would

corner Boyd in the nurse' s office and sit extremely close to him or position herself in a suggestive

1 Under the " cat' s paw" theory, the animus of a non -decision -maker who has a singular influence
may be imputed to the decision- maker. See, e.g., Staub v. Proctor Hosp., 562 U.S. 411, 131 S. Ct.
1186, 179 L. Ed. 2d 144 ( 2011).

The term " cat' s paw" originated in the fable, " The Monkey and the Cat," by

Jean de La Fontaine. As told in the fable, the monkey wanted some chestnuts that
were roasting in a fire. Unwilling to burn himself in the fire, the monkey convinced
the cat to retrieve the chestnuts for him. As the cat carefully scooped the chestnuts
from the fire with his paw, the monkey gobbled them up. By the time the serving
wench caught the two thieves, no chestnuts were left for the unhappy cat.