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Report Link Fifth Circuit Provides Guidance on Who is a "Supervisor" Under Title VII of Civil Rights Act.Jackson Lewis LLP - April 30, 2009 The U.S. Court of Appeals in New Orleans has held that to be considered a “supervisor” under Title VII of the Civil Rights Act a co-worker must have the power to directly affect the terms and conditions of the plaintiff’s employment (such as the authority to discipline or evaluate performance). Wooten v. Federal Express Corp., No. 07-10555 (5th Cir. April 7, 2009). Whether a co-employee is a supervisor is significant in Title VII litigation because an employer may be strictly liable for a hostile work environment created by a supervisor when the conduct culminates in a tangible employment action, such as discharge or demotion. Report Link Employer Can Avoid Liability by Conducting Independent Investigation of Allegations Made by Biased Supervisor Against Minority Subordinate.Ogletree Deakins - August 01, 2008 Under anti-discrimination statutes, an employee can bring a retaliation claim under a theory of liability referred to as a “subordinate bias” theory – also referred to as the “cat’s paw” theory” - in which the employee can claim that an adverse action ostensibly brought by a high-level company decision-maker was, in actuality, based upon the biased recommendation of a lower level manager or supervisor. The Supreme Court implicitly approved this rationale in Reeves v. Sanderson Plumbing Products in 2000, a case in which a company president followed a recommendation of the director of manufacturing (who, coincidentally, was also her husband) to discharge an employee for falsifying company payroll records. Because evidence existed to show that the director of manufacturing had generated misleading data to justify the termination, and that he was the “actual” decision-maker, the company was not entitled to judgment as a matter of law against the employee. Report Link Unchecked supervisor sends employer to trialJones Walker - October 21, 2004 Imagine you have a supervisor who makes a careless remark or lets his anger get the best of him when disciplining or firing an employee and exposes you to a discrimination claim. Further imagine your frustration in knowing that the company had good reasons for the decision regardless of the supervisor’s behavior that might suggest an improper motive to a judge or jury. Is all lost?
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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