Third Circuit Finds Individual Supervisor Liable Under FMLA

Can an individual supervisor be held liable when an employee files suit? Well, like all legal questions, it depends. The Third Circuit Court of Appeals issued an opinion yesterday expanding the instances when the answer to this question is yes in Haybarger v. Lawrence County Adult Probation &...

SCOTUS Grants Cert in Supervisor Liability Case

Breaking news from the Supreme Court (sorry, no health care opinion today): The Supreme Court has granted certiorari in Vance v. Ball State University . You can read the order here in case you think I'm lying. The Petitioner's Brief (available here) identifies the Question Presented as: In...

2012 SCOTUS Employment Law Preview!

It's here! The new SCOTUS season kicks off today! Let's see what kind of employment law goodies the Court has in store for us (in order of my personal preference): Supervisor Liability In Vance v. Ball State University, the Supreme Court will determine who counts as a supervisor in harassment...

Five pending Supreme Court cases for HR, In-House & the C-Suite to follow

Earlier this month, the Supreme Court reconvened for its 2012-2013 term. Although not chock full of pending employment-law cases, this term will see several important issues decided which could affect your workplace. Below, I have a collected a series of links to stories on these cases: "New...

Supreme Court Hears Supervisor Liability Appeal

WASHINGTON, D.C. - (Mealey's) The "supervisor" liability rule established in Faragher v. City of Boca Raton (524 U.S. 775 [1998]) and Burlington Indus., Inc. v. Ellerth (524 U.S. 742 [1998]) should apply to harassment by supervisors even if they have no power to "hire, fire, demote...

Supervisor Liability – SCOTUS Oral Argument for Vance v. Ball State

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"...

Split Supreme Court Narrows Definition of ‘Supervisor’

WASHINGTON, D.C. - (Mealey's) An employer is vicariously liable for an employee's harassment only if that employee is given the power by the employer "to take tangible employment actions against the victim," a split U.S. Supreme Court ruled June 24, rejecting the Equal Employment...

Vance v. Ball St. Narrows Employer Liability for Harassment

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...

What Exactly Does Vance v. Ball State University Mean to Employers?

I have heard a lot of discussion about the Supreme Court’s ruling this term in Vance v. Ball State [ an enhanced version of this opinion is available to lexis.com subscribers ], and the scope of employer liability for harassment. But what does this change for an employer? Nothing. Employers are...

VanDeusen on Vance v. Ball State University: Supreme Court Defines "Supervisor" In Title VII Harassment Cases

Excerpt: In Vance v. Ball State University [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court, in a 5-4 decision, resolved an issue that has split the federal appellate courts in harassment cases: who is a "supervisor" under Title VII of the...

Democrats Seek to Undo 2013 Supreme Court Ruling Defining Workplace "Supervisor"

Has the Supreme Court's 5-4 decision in Vance v. Ball State [ an enhanced version of this opinion is available to lexis.com subscribers ] been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why some of you are sour on the 2013 Supreme Court...

Ohio Supreme Court Punts on Individual Discrimination Liability … For Now

Earlier this summer, I reported on Hauser v. City of Dayton , which I hoped would answer the question of whether Ohio’s employment discrimination statute still provided for individual liability for managers and supervisors. Last week, the Court issued its ruling in Hauser , and, disappointingly...