In Significant Title VII Harassment Decision, U.S. Supreme Court Limits Definition of “Supervisor”

An African-American female who served in a University's dining services division filed a complaint against the University alleging racial harassment and discrimination due to the actions of a white catering specialist who worked at the same location. The catering specialist did not direct the employee's day-to-day activities or have authority to hire, fire, demote or discipline the employee, but sometimes handed the employee her list of tasks and directed the employee in the kitchen. The employee alleged that the catering specialist was her supervisor and that the University was liable for the creation of a racially hostile work environment.

In the lawsuit against the employer, the central issue was whether the catering specialist was the employee's supervisor. This was significant because in previous cases, the U.S.  Supreme Court has held that different rules apply where the harassing employee is the plaintiff’s “supervisor.” In cases of supervisory harassment, an employer can be held strictly liable when a supervisor takes a tangible employment action. In addition, even in cases when a supervisor’s harassment does not culminate in a tangible employment action, the employer can be vicariously liable for the supervisor’s creation of a hostile work environment if the employer is unable to establish an affirmative defense.

The Seventh Circuit Court of Appeals held that the catering specialist was not the employee's supervisor because a supervisor's status requires “the power to hire, fire, demote, promote, transfer, or discipline an employee."

The Supreme Court agreed and held 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 employment actions against the victim." The Supreme Court specifically rejected the EEOC's definition of "supervisor" which required only that the individual have authority of sufficient magnitude to explicitly or implicitly assist the harasser in carry out the harassment. The Supreme Court criticized this definition as vague and held that it did not provide adequate guidance to employers or juries in determining the status of the harasser. Moreover, the Court noted that the bright-line definition accepted by the Court would streamline litigation and avoid the presentation of extensive evidence on the status of the harasser as well as the nature of the harassment.

It should be noted, however, that job definitions and duties alone may not be determinative of supervisory status. The Court noted that "if an employer does attempt to confine decision-making power to a small number of individuals, those individuals will have a limited ability to exercise independent discretion when making decisions and will likely rely on other workers who actually interact with the affected employee." Under those circumstances, the Court found that the employer may be held to have effectively delegated the power to take tangible employment actions to the employees on whose recommendations it relies. Accordingly, an employer will have to consider which employees provide input into tangible employment decisions, as well as the final decision makers, in evaluating supervisory liability.

Ultimately, this case is a victory for employers. It provides clarity to the definition of a "supervisor" which will also give employers greater predictability of success in harassment actions. That being said, employers should consult with counsel to evaluate their current employment structure in light of this decision.