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SCOTUS ruling limits worker harassment claims

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A closely decided Supreme Court of the United States opinion in an Indiana case will restrict American workers’ ability to bring harassment claims against day-to-day supervisors who don’t have hiring and firing authority over the employee, legal scholars say.

U.S. justices on June 24 decided 5-4 against the plaintiff in Maetta Vance v. Ball State University, et al., 11-556. Maetta Vance, an African-American woman who worked for the university’s dining services, claimed co-worker Saundra Davis, who directed her daily work, created a hostile workplace. Vance filed a Title VII harassment complaint against Ball State with the Equal Employment Opportunity Commission.

shockley Shockley

The majority affirmed the 7th Circuit Court of Appeals ruling that upheld the District Court’s order of summary judgment in favor of Ball State. The Supreme Court held that because Davis couldn’t make “tangible employment decisions” regarding Vance, Davis was not a supervisor for purposes of Title VII.

Dissenting for the court’s liberal wing, Associate Justice Ruth Bader Ginsburg said the court ignored workplace realities and denied workers’ legitimate claims for redress over harassment. Ginsburg cataloged numerous cases in which harassment was evident, but an employer would be outside the scope of vicarious liability under the new interpretation.

Scott Shockley, a partner at DeFur Voran LLP in Muncie who represented Ball State, noted the school had been vindicated after it took corrective action following Vance’s complaint. Shockley applauded the ruling, though, saying it brings clarity to divided interpretations among federal circuits of who is a “supervisor” under Title VII.

“The law in the 7th Circuit and, thus, in Indiana has been clear for quite some time,” Shockley said. “There’s always been a very bright-line distinction between who is and who isn’t a supervisor,” that being the “tangible employment decisions” standard.

Shockley said the ruling gives uniform guidance to the EEOC. “Clarity and the administration of potential rules, that’s a significant result of this opinion,” he said.

bodensteiner Bodensteiner

Valparaiso University Law School Interim Dean Ivan Bodensteiner agreed the EEOC will take note of the opinion. “The court seems very unwilling to give deference to the EEOC’s administration of these laws,” said Bodensteiner, who teaches and writes on civil rights legislation and litigation.

“This is another pro-business decision out of this court, and it makes it more difficult to address harassment in the workplace,” he said. “It makes it less likely such cases will get to the jury, and it puts another premium on early resolution of theses cases” through summary judgment.

Bodensteiner said the decision is consistent with narrow opinions over the past 15 years or so that “represent sort of a distrust of the jury system.”

Valparaiso law professor Rosalie Berger Levinson noted the ruling left open recourse for employees claiming harassment at the hands of a supervisor who doesn’t make tangible employment decisions. But the bar is much higher: The claimant must prove the employer was negligent.

Indiana University Maurer School of Law professor Deborah Widiss doubts the ruling will bring much clarity to workplace harassment claims for the reasons Ginsburg noted in the dissent, such as a supervisor who makes tangible employment decisions by relying on reports from a supervisor lacking that authority.

“In many cases, that kind of delegation does happen,” Widiss said. “In many places, that automatically leads to the same kind of messy line-drawing questions. The reality of the workplace is that this is kind of a gray area, and I don’t think the majority opinion totally eliminates the fuzziness there.”

widiss Widiss

Professors predicted the ruling could chill or undermine workplace harassment claims, particularly when coupled with another 5-4 SCOTUS opinion handed down the same day as Vance. In University of Texas Southwestern Medical Center v. Nassar, 12-484, the court held that retaliation claims under Title VII must be proved by but-for causation – that the adverse employment action would not have been taken but for the complaint by the employee.

“The combination of these two decisions makes it risky for people who are victims of harassment” to bring Title VII claims, Widiss said. “They should reasonably feel nervous.”

Bodensteiner feared that Vance could have dire consequences in some workplaces. “There are a lot of people in employment situations who can make life miserable,” he said. He’s concerned the opinion could give “more people sort of a license to engage in harassment without the employer being held accountable for it.”

But Widiss said employers still have a great interest in making clear that workplace harassment won’t be tolerated.

“It’s not as though employers don’t bear any responsibility,” she said. “Good employers understand harassing conduct is injurious to the work force. People are not going to be productive employees if they’re subject to that type of harassment.”•

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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