October 7th, 2013 | Comments Off on U.S. Supreme Court Limits Opportunistic for Plaintiffs (1 of 2)

 

 

As of June 24, 2013, it has become harder for employee plaintiffs to prove that an employer is liable for unlawful harassment and retaliation. The U.S. Supreme Court issued two very significant employment law cases, both of which handed victory to the employers.

In Vance v. Ball State University, the Supreme Court considered whether the vicarious liability rules which make a company liable for unlawfully discriminatory acts of its “supervisors” should apply to every harassment case where the employee proves that the harasser has the authority to direct and oversee a victim’s daily work, or only to those harassers who actually have the power to “hire, fire, demote, promote, transfer, or discipline” their victim. Justice Alita wrote the majorityopinion in a 5-to-4 decision holding that under Title VII of the Civil Rights Act of 1964 an employee would be considered a “supervisor” for purposes of vicarious liability only if he or she is empowered
by the employer to take tangible employment actions against the victim.
Vance v. Ball State University, No. 11-556, U.S. Supreme Court (June 24, 2013).

Read the entire Article Here: Employers 2 Plaintiffs 0