WASHINGTON, D.C. - (Mealey's) The "supervisor" liability
rule established in Faragher v. City of Boca Raton (524 U.S. 775 )
and Burlington Indus., Inc. v. Ellerth (524 U.S. 742 ) should
apply to harassment by supervisors even if they have no power to "hire, fire,
I will wait to draft the detailed post once the Supreme
Court has actually ruled, but for those who are following SCOTUS oral
arguments, one of the big employment cases of this term was heard on Nov. 25.
Here is what you need to know about Vance v. Ball State :
The issue is whether the "supervisor"...
In its prologue to yesterday's Supreme Court opinion in Vance v. Ball. St. Univ. [pdf] [ an enhanced version of this opinion is available to lexis.com
subscribers ], Justice Alito, writing for the five-member majority,
frames the importance of the issue facing the Court:
Under Title VII, an...