In a case that could impact employers everywhere, Vance v. Ball State University, Docket No. 11-556, the U.S. Supreme Court is considering who qualifies as a supervisor pursuant to Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries v. Ellerth, 524 U.S. 742 (1998). Or maybe not.
Much has been written about the potential consequences of the court’s ruling that the definition of supervisor under Title VII could include more than just those who can hire, fire, demote, promote or discipline an employee. Because of the facts at issue in the case, it is also possible that the court will decide that certiorari was improvidently granted or that the court will answer a question so narrow in scope that it will not provide a resolution to the current split in authority. Regardless of the court’s decision, employers should take this opportunity to review the responsibilities and authority vested in their employees and to make sure that all employees are properly trained on the company’s anti-harassment policies and procedures.
Procedural History
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
