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On June 24, 2013, the Supreme Court clarified when an individual actor would be considered a supervisor for liability purposes under Title VII of the Civil Rights Act of 1964. In Vance v. Ball State University, the court returned to its 1998 decisions in Faragher v. Boca Raton and Burlington Industries v. Ellerth, and concluded that a supervisor for purposes of vicarious harassment liability is an individual who the employer has empowered to take “tangible employment actions” against an employee, i.e., to effect significant changes in employment status, such as hiring, firing, promotions, significant job assignment or significant changes in benefits.

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