ATLANTA – Yesterday, the
U.S. Supreme Court held that, for purposes of employer liability for harassment
under Title VII, a supervisor is defined as someone who can undertake or
effectively recommend tangible employment decisions affecting the victim,
according to Fisher & Phillips LLC. (Vance
v. Ball State University.)
When it comes to workplace
discrimination claims, harassment allegations continue to create the greatest
exposure for businesses large and small. For decades now, convenience stores
and other retail employers have been held legally responsible for unlawful
harassment by members of their supervisory team.
However, the courts have
applied different tests for determining who is a “supervisor” under Title VII,
with many requiring only that a manager have the authority to direct the
victim’s work. By clarifying the legal definition, the Supreme Court has now
helped to narrow the extent of an employer’s liability under these
circumstances.
The court ruled that store
managers may only impute liability to their employers if they can make 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.”
Courts will always look
closely at the relationship between harasser and the victim when assessing
vicarious liability. Nonetheless, this is welcome news for employers who were
at risk of strict liability based solely on the fact that the alleged harasser
had authority to direct the work of a subordinate. Such liability will no
longer attach unless the harasser can make significant employment decisions
affecting that individual — which may not apply to every member of your
management team.
Consequently, employers
are advised to assess and document who has the supervisory authority. These
individuals should be provided training that would, among other things, remind
them of their status and educate them on the potential risks associated with
their conduct. Retailers also should continue taking steps to prevent
harassment in the workplace by adopting, disseminating, and educating employees
on a comprehensive anti-harassment policy and otherwise demonstrating that
reasonable preventive measures were taken.
For additional information
contact Steve Bernstein at
Fisher & Phillips LLC.