Split On 'Supervisor' Resolved — But What Now?

Law360, New York (July 11, 2013, 4:24 PM EDT) -- As employment law practitioners and human resources professionals are no doubt aware, recently, the United States Supreme Court in Vance v. Ball State University resolved a circuit split regarding the proper test for determining whether an employee is a “supervisor” for purposes of analyzing harassment claims under Title VII.

In short, the court adopted a narrow definition of “supervisor,” holding that “an employee is a ‘supervisor’ for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible...
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