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SCOTUS to hear Ball State discrimination complaint

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A food service worker at Ball State University who claims that the college bears responsibility for racial discrimination by coworkers will have her case heard this month by the Supreme Court of the United States.

Maetta Vance claims she was the only African-American working in her department on the Muncie campus when some co-workers used racial epithets toward her and boasted of ties to the Ku Klux Klan, among other allegations. Her appeal alleges a hostile work environment and retaliation after she filed complaints with the Equal Employment Opportunity Commission in 2006, and subsequently was issued a right-to-sue letter.

Justices in June granted certiorari in Maetta Vance v. Ball State University, 08-3568. The 7th Circuit U.S. Court of Appeals in Chicago affirmed a district court ruling in favor of Ball State. The 7th Circuit held that Vance “has not established a basis for employer liability on the hostile work environment claim or put forth sufficient facts to support her retaliation claim.”

The question before the court is whether the supervisor liability rule applies to harassment by people whom the employer authorizes to direct or oversee the victim’s daily work. Decisions from the 2nd, 4th and 9th Circuits have upheld that interpretation of Title VII of the Civil Rights Act.

The 1st, 7th and 8th Circuits, meanwhile, have held that such claims are limited to those who have the power to “hire, fire, demote, promote, transfer or discipline” the victim.

Oral argument is set for Tuesday, Nov. 26.
 
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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