On Monday, the Supreme Court will consider who does or does not constitute a “supervisor” in the workplace. The designation is all important in determining when a company is or is not liable for harassment by its employees.
Under current law, determined by previous Supreme Court rulings, an employer is automatically responsible if a supervisor harasses a subordinate. The employer is, however, not liable if the harassment is between two equal co-workers, unless it was negligent in allowing the abuse. But this week, Vance v. Ball State University throws into question what “supervisor” might mean — and it’s not clear cut.
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