Client Alert - Employment Law Update
United States Supreme Court Clarifies Definition of Supervisor in Title VII Cases
The U.S. Supreme Court recently issued a ruling that explains who qualifies as a supervisor under Title VII. The decision gives employers a clear, workable definition, which will help defend and prevent claims of workplace discrimination.
The case of Vance v. Ball State University, No. 09-400 (June 24, 2013) involved Maetta Vance, who alleged that Saundra Davis, another employee with certain management responsibilities, created a racially hostile work environment. Ms. Vance sued her employer under Title VII, which prohibits various types of employment discrimination. The issue before the Supreme Court was whether Ms. Davis was a "supervisor."
The Distinction Between Supervisors and Co-Workers, and the Supreme Court's Decision
The U.S. Supreme Court had previously created a framework for Title VII cases, which differentiated supervisors from mere co-workers. Because of their authority in the workplace, harassment or discrimination by supervisors is treated differently. In such instances, employers are automatically liable if the harassment culminates in a tangible action such as a demotion or termination. If the harassment does not end in some tangible action, an employer has certain defenses available, but has the burden of proving them. By contrast, an employer is only liable for harassment by co-workers if it knew or should have known of the misconduct and unreasonably failed to prevent it.
The Supreme Court never defined the term "supervisor," and over the years, different courts applied different standards. However, there is now a clear ruling. A supervisor must be someone, who has the power to hire, fire, promote, reassign to a position of significantly differing responsibilities, or make a significant change in benefits. This definition does not include individuals, who simply provide direction or control another employee's day-to-day activities.
What to do
This decision draws a clear line between supervisors and other employees. To take full advantage of this new standard in defending and preventing discrimination claims, employers should have well-defined job descriptions for supervisors and management, making clear who has authority to do what. In addition, employers always benefit when they maintain effective and understandable policies that prohibit discrimination, and implement strong training programs for all catergories of employees.
If you would like more information about this decision, or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.
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