Does caterpillar do employment background checks


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From the construction of the Hoover Dam, to earthquake relief in Indonesia, our employees have never failed to give customers enduring results through superior service and innovation. Current Openings Unfortunately, we could not find any openings for Caterpillar at this time. Thus, the court will consider whether any of these individuals acted for a prohibited reason in indefinitely suspending and terminating Cervantes.

As with Ryan, Cervantes has adduced no evidence that Hill was aware of Cervantes's religious beliefs or the accommodation he had requested as a result. Thus, Cervantes's argument of retaliatory animus on the part of Hill and Ryan "relies entirely on speculation," for there is "[n]o affirmative evidence that suggests that [they] were even aware of the plaintiffs' discrimination complaints before they [took the adverse actions].

Advocate S. Suburban Hosp. The record does reflect that Stewart was at least aware that Cervantes did not work on Saturdays. Construing the facts in the record and drawing all reasonable inferences in Cervantes's favor, the court will proceed on the basis that Stewart knew that Cervantes did not work on Saturdays in observance of the Sabbath as a Seventh Day Adventist.


Cervantes also argues that the court should consider Herrera's alleged anti-religious animus under a cat's paw theory of liability. Under a cat's paw theory, an employer may be liable for employment discrimination if a supervisor "performs an act motivated by [discriminatory] animus that is intended by the supervisor to cause an adverse employment action, and. Proctor Hosp. According to Hercle Brown, a part-time supervisor and quality analyst working at Caterpillar in , Herrera was aware of Cervantes's religious beliefs.

But even if that is taken as true, Cervantes has failed to adduce evidence to support his cat's paw theory that Hill, Ryan, or Stewart were influenced by Herrera in deciding to indefinitely suspend and terminate Cervantes. See Cook v. IPC Int'l Corp. Cervantes claims that Stewart and Padgett made statements that the switch in positions was due to Cervantes's not working Saturdays that serve as direct evidence of discriminatory intent.

For example, Cervantes testified that Padgett told him he was being transferred because he did not work on Saturdays and that Caterpillar needed someone to train in his position to cover for Cervantes when he was absent on Saturdays. Cervantes Dep.