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Vance v. Ball State

Date: November 26, 2012

Here, a plaintiff filed a complaint with the EEOC alleging that coworkers and at least one “supervisor” created a hostile work environment by making offensive, racially charged comments.  The standards creating employer liability vary for supervisors and co-workers, thus the claim boiled down to the court’s definition of “supervisor.” The 7th Circuit declined to adopt the broader definition of “supervisor” that is used by other circuit courts, and the Supreme Court granted certiorari to resolve the circuit split.

NFIB Legal Center filed in this case to caution the Court against accepting the broader definition of “supervisor,” as this would increase the risk of employer liability and frivolous litigation.

Status: Pending - U.S. Supreme Court.

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