Supreme Court Adopts an Employer-Friendly Definition of 'Supervisor' for the Faragher/Ellerth Analysis

On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability under Title VII of the Civil Rights Act of 1964 ("Title VII") only if he or she is empowered by the employer to take tangible employment actions against the victim.

Background

Maetta Vance, an African-American woman employed by University Dining Services at Ball State University, alleged that she had several racially-charged encounters with Saundra Davis, a white catering specialist also employed in Dining Services. Vance reported these incidents to the University, and further filed charges with the Equal Employment Opportunity Commission ("EEOC"), but asserted that no action was taken to remedy the matter or discipline Davis.

Vance filed suit in October 2006 in the U.S. District Court for the Southern District of Indiana, claiming hostile work environment in violation of Title VII, and alleging vicarious liability on the part of Ball State based on the actions of Davis. Ball State moved for summary judgment, arguing that it could not be held vicariously liable for the actions of Davis because she was not Vance's supervisor. The district court granted the University's motion, applying Seventh Circuit precedent to conclude that "[a] supervisor is someone with the power to directly affect the terms and conditions of the plaintiff's employment," which authority "primarily consists of the power to hire, fire, demote, promote, transfer, or discipline an employee." Vance v. Ball State Univ., No. 1:06-cv-1452-SEBJMS (S.D. Ind. Sept. 10, 2008). The district court went on to find that Davis did not have the power to affect directly the terms and conditions of Vance's employment, and that even if Davis "periodically had authority to direct the work of other employees, such power would still not be sufficient to establish a supervisory relationship for purposes of Title VII."

Vance appealed to the Seventh Circuit, which affirmed the holding of the district court and adopted its reasoning as to why Davis was not a supervisor. Vance v. Ball State Univ., 646 F.3d 461 (7th Cir. 2011). The Supreme Court subsequently granted Vance's petition for review to decide "[w]hether the 'supervisor' liability rule established by Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth (i) applies to harassment by those whom the...