If a supervisors or manager discriminates or harasses an employee, the company is liable for these actions.  Whereas, if a coworker or someone you manage engages in this activity, you must first report it to your manager or HR department.  Then, if the company does not take any precautions to prevent this behavior from occurring again, the company will be held liable for any further actions .<\/p>\n

Because managers and supervisors don\u2019t get a \u201csecond chance\u201d at relief from liability for the company like a co-worker would, companies often go to great lengths to train managers and supervisors how not to violate discrimination and harassment laws.<\/p>\n

Now the question is, \u201cwhat constitutes a supervisor?\u201d<\/p>\n

The Supreme Court has recently decided to hear a case in which this very thing is being debated.  Vance v. Ball State University, in which the central issue is the definition of \u201csupervisor\u201d for purposes of determining an employer\u2019s liability for harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq.<\/i> (\u201cTitle VII\u201d).<\/p>\n

Although determining whether an employee is a \u201csupervisor\u201d is important in many cases, neither Title VII nor Supreme Court case law specifically defines the term.  However, various circuit courts have crafted their own definitions of \u201csupervisor\u201d and two primary definitions have emerged.  The First, Seventh and Eighth Circuits define a \u201csupervisor\u201d as an employee who possesses the power to make \u201cconsequential employment decisions\u201d such as decisions about hiring and firing, promotions and demotions, and disciplinary actions.  In contrast, the Second, Fourth, and Ninth Circuits (as well as the Equal Employment Opportunity Commission) have adopted a broader definition, holding that an individual qualifies as an employee\u2019s supervisor if the individual:<\/p>\n

(1) has authority to undertake or recommend tangible employment decisions affecting the employee; or (2) has authority to direct the employee\u2019s daily work activities.  Under this broader definition, far more employees are \u201csupervisors\u201d and, as a result, may potentially subject their employers to vicarious liability.<\/p>\n

In Vance<\/span>, the plaintiff worked in Ball State University\u2019s catering department.  She alleged that another employee, Davis, subjected her to racially discriminatory remarks.  According to the plaintiff, Davis directed her work and was, therefore, a \u201csupervisor.\u201d  The district court granted summary judgment to Ball State, holding that Davis was not a supervisor because she did not have the power to hire, fire, or discipline Vance.  The Seventh Circuit affirmed.<\/p>\n

Whether the Supreme Court, in deciding Vance and resolving the split among the circuit courts, adopts a narrow or expansive definition of \u201csupervisor\u201d, will have a significant effect on employer exposure in harassment suits.  If the Supreme Court adopts a broader definition, the pool of employees who can potentially subject their employers to vicarious liability will be significantly greater, likely resulting in more suits against employers.  Moreover, it will be more difficult for employers to prevail at the summary judgment stage of litigation, because a more fact-based inquiry will be needed to determine whether someone is a supervisor.  While it is relatively straightforward to show whether an employee is responsible for hiring, firing, promotions and the like, the broader standard requires a more detailed examination of the employee\u2019s role.<\/p>\n

Oral argument is scheduled for November and a decision is expected early next year.<\/p>\n

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney<\/a> who can help you understand your rights and in many cases will review your situation without charge.<\/p>\n

If you have any questions about this article or our blog, feel free to call us at:<\/p>\n

(415) 230-2755<\/p>\n

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