Vance v. Ball State University
United States Supreme Court
133 S. Ct. 2434 (2013)
Vance (plaintiff), a Black catering assistant at Ball State University (BSU) (defendant), alleged ongoing harassment by Davis, a higher-ranking catering specialist who directed some of Vance's work but had no power to hire, fire, promote, or discipline her; Vance sued BSU, arguing it was vicariously liable for Davis's harassment as her supervisor. The district court and Seventh Circuit found BSU not vicariously liable because Davis lacked authority to take tangible employment actions against Vance, and the Supreme Court granted certiorari.
Whether an employee is a supervisor for purposes of vicarious liability under Title VII of the Civil Rights Act of 1964 if he or she is not empowered by the employer to take tangible employment actions against the victim.