Legal Update: Who is the Supervisor?

Who is a supervisor? The Court isn‘t sure and is asking the U.S. Solicitor General (SG) for help. The SG provides amicus curiae briefs on issues in which the federal government has a stake, and sometimes the Court invites an analysis of a disputed legal issue. The Court invited the SG to file a brief expressing the government’s view on the definition of the term “supervisor” for the purpose of imposing vicarious liability on an employer for harassment in violation of Title VII (Vance v. Ball State Univ., U.S., No. 11-556, SG invited to file brief 2/21/12). The Seventh Circuit had ruled in this racial discrimination that the alleged harasser was a co-worker, not a supervisor. Vance is arguing that the circuits are split on the issue. Ball State acknowledges that there is a circuit split, but claims that Vance’s alleged harasser would not be a supervisor under any theory. The major alternatives are between someone with personnel action authority and someone who directs the daily work of others. Continue reading