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Justices hear arguments in Ball State case

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In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.

Maetta Vance claimed that her co-worker’s racially charged statements along with unfavorable treatment by her supervisors created a hostile work environment. Vance claimed that she was harassed by another employee that she alleges had the authority to tell her what to do and how to clock her hours. Vance, who says she was the only African-American working in her department, sued the school for violating Title VII of the Civil Rights Act of 1964, but the university argued that it can’t be held liable because Vance’s harasser did not have the power to fire, hire, demote, promote, discipline or transfer her.

Both the federal court in Indianapolis and the 7th Circuit Court of Appeals ruled in favor of Ball State.

In Faragher v. City of Boca Raton, 524 U.S 775 (1998), and Burlington Industries Inc. v. Ellerth, 524 U.S. 742 (1998), the justices held that under Title VII, an employer is vicariously liable for severe or pervasive workplace harassment by a supervisor of the victim. If the harasser is the victim’s co-employee, the employer is not liable absent proof of negligence.

The SCOTUS has to decide whether the supervisor liability rule applies to harassment by people whom the employer authorizes to direct or oversee the victim’s daily work, or whether the supervisor liability rule is limited to those harassers who have the power to “hire, fire, demote, promote, transfer or discipline” their victim.

The Circuit courts have been split in decisions on this issue.

Argument transcripts and audio will be available at the end of the week on the Supreme Court’s website. The solicitor general was given 10 minutes during the oral argument to participate as amicus curiae in support of neither party.

The case is Vance v. Ball State University, et al., 11-556. Daniel R. Ortiz, of the University of Virginia School of Law, Supreme Court Litigation Clinic, will argue on behalf of Vance. Gregory G. Garre of Latham & Watkins LLP in Washington, D.C., will argue on behalf of Ball State and other respondents. Ball State is also represented by Scott E. Shockley of DeFur Voran in Muncie.

Several groups have filed amicus briefs, including the Chamber of Commerce of the United States, the American Council of Education, the National Partnership for Women & Families, and the Equal Employment Advisory Council.

Indiana University Maurer School of Law associate professor Deborah Widiss says the question of who "counts" as a supervisor for purposes of racial and sexual harassment is extremely important for workers across the country. She said in a statement released by the law school that some courts' definitions of "supervisor" in anti-discrimination law doesn't match the reality of today's work place.

"The lower courts in Vance held that only individuals who had authority to make formal personnel decisions, such as hiring, promotion or termination, should be considered 'supervisors,'" she said. "However, employees often have minimal contact with the people who make those formal decisions, but they interact every day with intermediate supervisors, such as shift workers. And these intermediate supervisors are often the ones who are best positioned to create a hostile work environment."

Widiss hopes that the justices will broaden the definition of "supervisor" to include employees who control other employees' daily work or who can use their authority to facilitate harassment.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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