South Carolina Law Review
Federal antidiscrimination statutes generally ban adverse employment actions taken because of certain specified traits or characteristics. Under the Civil Rights Act of 1964, Title VII, for example, an employer is prohibited from discriminating "because of" an individual's "race, color, religion, sex, or national origin." 1 The Age Discrimination in Employment Act of 1967 (ADEA) uses similar language in banning discrimination "against any individual ... because of such individual's age." 2 And, while the antidiscrimination formula utilized by the Americans with Disabilities Act of 1990 (ADA) is more complicated than either Title VII or the ADEA, it too prohibits discrimination "against a qualified individual on the basis of disability." 3
Stephen F. Befort and Alison Olig, Within the Grasp of the Cat's Paw: Delineating the Scope of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, 60 S.C. L. Rev. 383 (2008), available at https://scholarship.law.umn.edu/faculty_articles/448.