No. Issues 4. No. a company or government that employs workers) can be held responsible in a lawsuit if one of its employees harasses another. 11-556. Faragher v. Boca Raton, 524 U.S. 775 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998). Solution Preview. Vance v. Ball State University, 646 F.3d 461 (7th Cir. The Court held that, to be considered a supervisor for the purposes of workplace employer liability, an individual must have the power to hire, fire, fail to promote, reassign to a task with significantly different duties, or cause a significant change in benefits available to the victim. No. Vance v. Ball State, 133 S.Ct. So that brings us to Vance v. Ball State University. The university issued the coworker a warning, but took no further action. Justice Samuel A. Alito, Jr. delivered the opinion for the 5-4 majority. Maetta Vance began working for University Dining Services at Ball State University in 1989 as a substitute server. Indeed, the Court’s new, narrow definition of “supervisor” does not simply limit the liability of companies in discrimination cases. Item details: Please follow the following guidance to format: 1. 11–556. In 1991, Ball State promoted Vance to a part-time catering assistant position, and in January 2007 Vance applied and was selected for a position as a full-time catering assistant. While working at Ball State University, Maetta Vance contended that Saundra Davis, a catering specialist, had made Vance’s life at work unpleasant through physical acts and racial harassment. | Argued Nov. 26, 2012. Feb 21 2012: The Solicitor General is invited to file a brief in this case expressing the views of the United States. Vance asserted that Davis was a supervisor; Ball State claimed the opposite. 72 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) MAETTA VANCE, Plaintiff, vs. BALL STATE UNIVERSITY, JON LEWIS, and BRIAN SCOTT, Defendants. Facts of the Case 3. VANCE V. BALL STATE (2013) 2 Vance v. Ball State University (2013) In the work setting, the role of the supervisor is often fairly clear and those who fill that role have a sense of power and authority over their subordinates. Question Presented:Harassment Cases", Estopinal College of Architecture and Planning, College of Communication, Information, and Media, Center for Business and Economic Research, Center for Energy Research/Education/Service, Indiana Academy for Science, Mathematics, and Humanities, Wheeler-Thanhauser Orchid Collection and Species Bank, https://en.wikipedia.org/w/index.php?title=Vance_v._Ball_State_University&oldid=931695011, United States employment discrimination case law, United States Supreme Court cases of the Roberts Court, Creative Commons Attribution-ShareAlike License, An employee is a "supervisor" for purposes of vicarious liability under, Alito, joined by Roberts, Scalia, Kennedy, Thomas, Ginsburg, joined by Breyer, Sotomayor, Kagan, This page was last edited on 20 December 2019, at 15:49. The Supreme Court upheld the Seventh Circuit's decision in a 5–4 opinion written by Samuel Alito, rejecting the Equal Employment Opportunity Commission's interpretation of who counts as a supervisor. 1:09-cv-01501-JMS-DML ORDER Presently before the Court in this employment action is the Defendants’ Motion for Summary Judgment. Separate Opinions 7. The EEOC's definition reflects the agency's informed experience of the modern workplace and the importance of the specific facts of an employee's duties and relationship to other workers who can enable harassment. Brief of respondent Ball State University in opposition filed. Yet this case will undoubtedly shape harassment law for … The University issued the coworker a written warning, but following a series of incidents that resulted in Vance reporting that she felt unsafe in her workplace, the University investigated but found no basis for action. Vance submitted a complaint to the University when a coworker used a racial epithet directed at her and African-American students at the University. It used a narrow interpretation of the term "supervisor", so that a person may only be considered a supervisor if he or she can take tangible action against the employee. On June 24, 2013, the Supreme Court decided Vance v.Ball State University, No. Maetta Vance began working for University Dining Services at Ball State University in 1989 as a substitute server. 11-556 Argued: November 26, 2012 Decided: June 24, 2013. Vance started being treated differently from other employees when a new supervisor was employed by the university. In the Supreme Court of the United States. 2434 (2013) addresses the circumstances under which an employer (i.e. In Vance v. Ball State University, decided June 24, 2013, a sharply divided (5-4) Supreme Court rejected the EEOC’s broad definition of “supervisor” in favor of a more restrictive definition. Under Title VII, an employer's liability for workplace harassment may depend on the status of the harasser. [5], The Court upheld the Seventh Circuit's interpretation in its decision issued on June 24, 2013. She argued that although a supervisor may not have the authority to discharge or demote the victim, a supervisor who can effect change in the victim's working conditions has similar power over the victim. granted, 2012 WL 2368689 (June 25, 2012). Can a coworker who is vested with the authority to oversee the daily work of another worker be considered a supervisor for the purpose of determining employer liability for harassment? Maetta Vance began working for University Dining Services at Ball State University in 1989 as a substitute server. Vance began working for the Ball State University Banquet and Catering Divisionof University Dining Services in 1989. She was the only African-American working in the department. Get Vance v. Ball State University, 133 S. Ct. 2434 (2013), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. The Supreme Court upheld the Seventh Circuit's decision in a 5–4 opinion written by Samuel Alito, rejecting the Equal Employment Opportunity Commission's interpretation of who counts as a supervisor. Cite as 13 C.D.O.S. However, to win a lawsuit for harassment by a supervisor, the employer does not have to be negligent because Title VII imputes the supervisor’s acts to the employer. Vance v. Ball State University, No. As noted by Justice Alito in his majority opinion, under Title VII of the 1964 Civil Rights 1989 as a substitute server being treated differently from other employees when a coworker used a epithet! 2013, the Court in this case expressing the views of the United.. Victim 's co-worker, the Court upheld the Seventh Circuit 's interpretation in decision. Racial epithet directed at her and African-American students at the University issued the coworker warning. 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