Last month, our article, “Questions Raised Regarding Who Qualifies as a Supervisor,” appeared in the Labor and Employment Law Supplement to The Legal. Recently, in a week filled with big decisions, the U.S. Supreme Court answered those questions in Vance v. Ball State University, Docket No. 11-556, by adopting a narrow and generally employer-friendly definition of “supervisor” for vicarious liability under Title VII.
The petitioner, Maetta Vance, a catering assistant in University Dining Services at Ball State University and the only African-American individual on the staff, sued her employer alleging that Saundra Davis, a catering specialist, and another co-worker created a hostile work environment through physical acts and racial harassment. Vance asserted that Davis was a supervisor within the meaning of Title VII and, therefore, she need not prove that the respondent was negligent in responding to complaints of harassment; rather, Vance alleged, Ball State was liable because Davis’ actions were imputed to the university.
