Title VII of the Civil Rights Act of 1964 makes it “an
unlawful employment practice for an employer . . . to discriminate against any
individual with respect to his compensation, terms, conditions, or privileges
of employment, because of such individual’s race, color, religion, sex, or
national origin.” 42 U. S. C.
§2000e–2(a)(1). This provision obviously prohibits discrimination. Under Title
VII, an employer’s liability for workplace harassment may depend on the status
of the harasser. If the harassing employee is the victim’s co-worker, the employer
is liable only if it was negligent in controlling working conditions. In cases
in which the harasser is a “supervisor,” however, different rules apply. If the
supervisor’s harassment culminates in a tangible employment action (i.e.,
“a significant change in employment status, such as hiring, firing, failing to
promote, reassignment with significantly different responsibilities, or a
decision causing a significant change in benefits,” Burlington Industries,
Inc. v. Ellerth, 524 U. S. 742, 761), the employer is strictly
liable. But if no tangible employment action is taken, the employer may escape
liability by establishing, as an affirmative defense, that (1) the employer
exercised reasonable care to prevent and correct any harassing behavior and (2)
that the plaintiff unreasonably failed to take advantage of the preventive or
corrective opportunities that the employer provided. Faragher v. Boca
Raton, 524 U. S. 775, 807; Ellerth, supra, at 765. Held:
An employee is a “supervisor” for purposes of vicarious liability under Title
VII only if he or she is empowered by the employer to take tangible employment
actions against the victim. The interpretation of the concept of a supervisor
adopted today is one that can be readily applied. An alleged harasser’s
supervisor status will often be capable of being discerned before (or soon
after) litigation commences and is likely to be resolved as a matter of law before
trial. By contrast, the vagueness of the EEOC’s standard would impede the
resolution of the issue before trial, possibly requiring the jury to be
instructed on two very different paths of analysis, depending on whether it
finds the alleged harasser to be a supervisor or merely a co-worker. This
approach will not leave employees unprotected against harassment by co-workers
who possess some authority to assign daily tasks. In such cases, a victim can
prevail simply by showing that the employer was negligent in permitting the
harassment to occur, and the jury should be instructed that the nature and
degree of authority wielded by the harasser is an important factor in
determining negligence. 646 F. 3d 461, affirmed. (U.S.S.Ct., 24.06.2013, Vance v. Ball State
Univ., J. Alito).
Monday, June 24, 2013
Vance v. Ball State Univ.
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