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

Julie M. Covel, The Supreme Court Writes A Fractured Fable ofthe Cat's Paw Theory in Staub v.
Proctor Hospital [ Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011)], 51 Washburn L.J. 159 ( 2011).
In the workplace, the cat represents an unbiased decision -maker who disciplines an employee
unknowingly due to a supervisor' s bias, represented by the monkey. Edward Phillips, The Law at
Work: Staub v. Proctor Hospital: The Cat's Paw Theory Gets Its Claws Sharpened, 47 Tenn. B.J.
June, 2011), at 21.

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manner. Maddox referred to Boyd as "[ h] er penis." 3 Report of Proceedings (RP) at 257. Maddox

also made suggestive comments to Boyd while he installed heaters at her house.

In April 2009, Boyd confronted Maddox and told her to leave him alone. Maddox

responded by telling Boyd that if he told anyone about the harassment, she would "make sure that

he] can' t work in any of the 50 states." 8 RP at 983. After the confrontation, Maddox stopped

acting affectionate toward Boyd and became hostile. Boyd did not immediately inform WSH of
Maddox' s behavior.

I1. INVESTIGATIONS AGAINST BOYD

On December 26, 2009, Boyd delayed assessing a patient. Rod Bagsic, Boyd' s co- worker,

requested a patient assessment from Boyd at about 1: 00 A. M. Boyd did not arrive immediately,

and Bagsic called again. Boyd answered the phone and impersonated another employee. Bagsic

asked where Boyd was, and Boyd left at that point to assess the patient. Bagsic gave the patient

the requested medicine at 2: 20 A. M.

Staff reported the incident to Maddox, who reported it to her supervisor. The supervisor

directed Paula Cook -Gomez, Boyd' s ward supervisor, to investigate the incident. Both Cook -