In a 5-4 decision, the U.S. Supreme Court today held that an employee is considered a supervisor under Title VII of the Civil Rights Act of 1964 only if the employer gave him or her the authority to take tangible employment actions (such as hiring, demoting, or disciplining) against the complaining employee.
The employee in the case, Maetta Vance, claimed she was harassed on the basis of race by a worker whom she viewed as a supervisor. She claimed the alleged harasser had the authority to direct her daily activities, but there was no evidence of any authority to fire, discipline, or take other tangible job actions. The U.S. 7th Circuit Court of Appeals ruled that even if the worker directed Vance’s day-to-day activities, those responsibilities weren’t enough to make her a supervisor for purposes of a harassment claim under Title VII.
With its ruling in Vance v. Ball State University, the Supreme Court has limited employer liability for discrimination since employers are only automatically liable for discrimination made by a supervisor. If an employee isn’t a supervisor, the employer can be liable for discrimination only if the victim complains and it takes no action.