ILNews

Justices hear arguments in Ball State case

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT