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.
