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Who’s the Boss?

Brian S. Kaplan, a partner at Kasowitz Benson Torres & Friedman, and Elisheva M. Hirshman, an associate with the firm, write that this term, the Supreme Court is expected to resolve a circuit split on the question of who qualifies as a supervisor. Employers and practitioners alike eagerly anticipate where the Supreme Court will draw the line on the level of supervisory activity needed to cause employers to be held vicariously liable under federal law for harassment.

Criminal Background Check Laws Can Complicate Hiring Decisions