SCOTUS rules in favor of Ball State in hostile work environment suit

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In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.

The Supreme Court took the case, Maetta Vance v. Ball State University, et al., 11-556, last June and heard arguments in November. Maetta Vance, an African-American, worked in the school’s dining services department and alleged that co-worker Saundra Davis created a hostile work environment. She filed her lawsuit against Ball State claiming a violation of Title VII.

The District Court granted summary judgment to Ball State, which the 7th Circuit upheld. The federal court held the school wasn’t vicariously liable for Davis’ alleged actions because Davis, who couldn’t take tangible employment actions against Vance, wasn’t a supervisor.

“We hold that an employer may be vicariously liable for an employee’s unlawful harassment only when the employer has empowered that employee to take tangible employment actions against the victim, i.e., to effect 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,’” the majority decided in a decision delivered by Associate Justice Samuel Alito.

“We reject the nebulous definition of a ‘supervisor’ advocated in the (Equal Opportunity Employment Commission) Guidance and substantially adopted by several courts of appeals. Petitioner’s reliance on colloquial uses of the term ‘supervisor’ is misplaced, and her contention that our cases require the EEOC’s abstract definition is simply wrong.”

This case addressed an issue left open by Burlington Industries Inc. v. Ellerth, 524 I.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), as to who qualifies as a “supervisor” in a case in which an employee asserts a Title VII claim for workplace harassment.

After those cases were decided, the EEOC in 1999 determined a supervisor is an individual authorized to undertake or recommend tangible employment decisions, including hiring and firing of an employee, or an individual authorized to direct the employee’s daily work activities.

Because there is no evidence that Ball State empowered Davis to take any tangible employment actions against Vance, the majority affirmed the 7th Circuit.

Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented over the majority’s decision to strike from the EEOC’s guidance as to who qualifies as a supervisor employees who control the day-to-day schedules and assignments of others, limiting it to only those who are empowered to take tangible employee actions.

Ginsburg, writing the dissent, would continue to follow the EEOC’s 1999 guidance and hold the authority to direct an employee’s daily activities establishes supervisory status under Title VII.  

Associate Justice Clarence Thomas concurred with the majority, noting he continues to believe Ellerth and Faragher were wrongly decided, and that Monday’s decision provides the narrowest and most workable rule for when an employer may be held vicariously liable for an employee’s harassment.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.