Today in Vance v. Ball State University, (Sup. Ct., June 24, 2013), the U.S. Supreme Court in a 5-4 decision clarified who will be considered a "supervisor" in Title VII claims for workplace harassment that creates a discriminatory work environment. Employers may be vicariously liable where the harassment has been by a supervisor rather than by a co-worker. The Court held that an employee is a "supervisor" for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to take tangible employment actions against the victim.
In a second Title VII case, University of Texas Southwest Medical Center v. Nassar, (Sup. Ct., June 24, 2013), the Supreme Court in a 5-4 decision held that Title VII retaliation (as opposed to discrimination) claims must be proved according to traditional principles of but-for causation, not by the lessened mixed-motive causation test that applies to discrimination cases under Title VII. Washington Post reports on the decisions.
