Who Is a “Supervisor” Under Title VII and Why You Should Care

Oral Argument in Vance v. Ball State University Takes an Unexpected Turn

By Scott J. Wenner

Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to decide is how much authority over other workers an employee must be given to be considered a “supervisor” under Title VII. While the question may appear to be of academic interest, how it is answered actually will have great practical importance for employers given the lack of a consistent answer from the courts.

Some Background

The question of who is considered a supervisor arises consistently under Title VII and other employment laws in deciding whether an employer should be held responsible for the unlawful act by one employee against another. In other words, whether the employer is liable for an employee’s harassment of or  other discrimination against another employee can depend on whether the alleged wrongdoer should be considered a supervisor. The concept of employer responsibility for the wrongdoing of an employee is referred to by lawyers and the courts as “vicarious liability.” Not surprisingly, it often is a key issue in harassment cases. Indeed, whether and in what circumstances to hold an employer liable for sexual harassment was central to the Supreme Court’s trail blazing decisions in the sexual harassment area.

Full case here