Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

July 16, 2013

Supreme Court Clarifies Definition of "Supervisor" in Title VII Workplace Harassment Claims

On June 24, 2013, in Vance v. Ball State, the United States Supreme Court decided the question of who qualifies as a "supervisor" in cases in which an employee asserts a claim for workplace harassment under Title VII of the Civil Rights Act of 1964 ("Title VII"). This decision has important consequences to employers, since an employer's liability for workplace harassment under Title VII may depend upon the status of the harasser. In that regard, if the harassing employee is the victim's co-worker, the employer is liable only if it was negligent in controlling work conditions. On the other hand, in cases where the harasser is a "supervisor," different rules apply. As the Court explained in Vance, if the supervisor's harassment culminates in a tangible employment action (e.g. termination, transfer, discipline), the employer is strictly liable. But if no tangible employment action is taken, the employer may escape liability by establishing that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.

Prior to Vance, courts across the country have disagreed about the meaning of the concept of a "supervisor" in this context. Some courts have held that an employee is not a supervisor unless he or she has the power to hire, fire, demote, promote, transfer or discipline the victim. By contrast, other courts followed the approach advocated by the Equal Employment Opportunity Commission ("EEOC"), which ties supervisor status to the ability to exercise "significant direction" over another's daily work.

Adopting the more restrictive view (and rejecting the EEOC's broader view) of the term "supervisor," the Court in Vance held that an employee is a "supervisor" for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim. In other words, an employer may be held strictly liable for an employee's unlawful harassment only when the employer has empowered the harasser to effect a significant change in the victim's employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

If you have any questions regarding the impact of this decision, please contact the Hiscock & Barclay lawyer with whom you normally work or any other attorney in our Labor & Employment practice area.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape

Alerts

EU Leads the Way on Artificial Intelligence Regulation

Alerts

End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

Alerts

SCOTUS Rejects Proposed Release of Sackler Family From Purdue Pharma Chapter 11 Plan as Not Permitted by the Bankruptcy Code

Alerts

NYS Appellate Court Reverses and Holds Liability Insurer Owed Duty to Defend to Policyholder in Sexual Abuse Lawsuit

Alerts

New York State's Secret Sauce: Summary Judgment in Lieu of Complaint

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out