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Vance v. Ball State University, No. 11-556 (U.S.)

Articles Discussing Case:

Questions Raised Regarding Who Qualifies as a Supervisor

Fisher Phillips • June 12, 2013
In a case that could impact employers everywhere, Vance v. Ball State University, Docket No. 11-556, the U.S. Supreme Court is considering who qualifies as a supervisor pursuant to Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries v. Ellerth, 524 U.S. 742 (1998). Or maybe not.

Supreme Court Hears Argument in Case Asking, “Who Qualifies As a Supervisor?”

Franczek Radelet P.C • December 10, 2012
The United States Supreme Court recently held oral arguments in Vance v. Ball State University, a case which has the potential to drastically expand who qualifies as a “supervisor” for purposes of Title VII harassment suits. This is a critical question for employers because supervisor harassment renders an employer automatically liable unless it can prove it exercised reasonable care to prevent and correct such harassment and that the victim unreasonably failed to engage the employer’s protective measures. In contrast, co-worker harassment renders an employer liable only if the employee can prove that the employer was negligent in discovering or remedying the harassment.