Good News For Employers - But Don’t Celebrate
Last week, the Supreme Court today made it more difficult for employees to establish employer liability doe harassment in the workplace by narrowing the definition of "supervisor." Under Title VII of the Civil Rights Act of 1964, employers are liable for harassing conduct of their supervisors. If the harassing employee is a co-worker rather than a supervisor, the employer is liable only if the employer was negligent in controlling working conditions.
In deciding Vance v. Ball State Univ., et al, the high Court made it clear that the defining characteristic
of a supervisor is the authority to take tangible employment actions and that without such authority an employee is not a supervisor for purposes of analyzing an employer's liability.
What is Tangible Employment Action?
A tangible employment action is defined by the courts as affecting 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." This definition no longer includes the daily or routine monitoring or assigning projects, shifts, or the ability to exercise significant direction over another's daily work.
Why This Matters - A Little Background
Simply put, Title VII of the 1964 Civil Rights Act makes it easier to hold an employer accountable for workplace harassment if the harasser is considered a supervisor. If the wrongdoer is a supervisor and has taken a tangible employment action against the complainant, the employer is strictly/vicariously liable. If there was no tangible employment action, the employer must establish the following in order to avoid liability: (1) the employer exercised reasonable care to prevent and correct any harassing behavior; and (2) that the plaintiff unreasonably failed to take advantage of the preventive/corrective opportunities that the employer provided.
Bottom Line
Employers can still be held liable for conduct that occurs in the workplace. Employers should continue to provide routine and mandatory anti-harassment training for all employees, with additional training for managers. Employers should have policies and procedures in place and in action that reflect the employer's efforts to exercise reasonable care to prevent and correct promptly any unlawfully harassing behavior.
Employers should establish and support an anti-harassment policy with a complaint procedure for victims and witnesses of harassment.
If you have any questions about these developments or would like assistance with anti-harassment training or establishing anti-harassment policies or complaint procedures, contact me or visit my website.
