Two U.S. Supreme Court cases decided in the late 1990’s – (Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) – established that employers were vicariously liable for the severe and pervasive harassment of employees by a supervisor in violation of Title VII.
So what makes someone your supervisor?
Is your supervisor the person who has the authority to direct and oversee your daily work? Or is your supervisor only the person who has the power to hire, fire, demote, promote, transfer, or discipline you?
There had been a split among the circuit courts, with the Second, Fourth, and Ninth Circuits holding that the supervisor liability rule applies to any person the employer has given the authority to direct and oversee your daily work.
In contrast, the First, Seventh, and Eighth Circuits (which includes Minnesota) have held supervisor liability for harassment is limited to only those who have the power to hire, fire, demote, promote, transfer, or discipline you.
This week the Supreme Court handed down a definitive answer in Vance v. Ball State University (heard November 26, 2012), which resolves the dispute between the circuits. The court held that your supervisor is only the person who has the authority to hire, fire, demote, promote, transfer, or discipline you.
This narrow definition of supervisor limits employer liability and offers employees less protection from harassment. An employee who has been harassed by a co-worker with the power to direct and oversee their daily work must now prove the employer was negligent in letting the harassment continue.
If you feel that you are being harassed by your supervisor or if you have questions about your rights under the Title VII, contact a Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
