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Fifth Circuit Reverses Summary Judgment in Favor of Franchisor Not Named in Charge of Discrimination

What do these famous words from Romeo and Juliet, downplaying the importance of names, have to do with discrimination litigation under Title VII of the Civil Rights Act of 1964? Despite Juliet’s musings, names play an important role for an employee who, in filing a charge of discrimination, must satisfy Title VII’s naming requirement. This is because an employee who fails to properly name defendants in a charge of discrimination provides the employer a defense to later litigation.

Questions Raised Regarding Who Qualifies as a Supervisor

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 Decision Will Alter the Scope of Discrimination and Harassment Law Under Title VII

The United States Supreme Court recently heard oral argument in the matter of Vance v. Ball State University (Docket No. 11-556) on November 26, 2012, a case which is poised to resolve an important split among federal circuits and could reshape the scope of supervisor liability in sexual harassment and discrimination cases.
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