2013
US Supreme Court to decide on ‘supervisor’ label
Being subjected to harassment at work can be very upsetting. Victims can feel judged, isolated and even ashamed because of this unlawful treatment. It can be important and empowering for victims of these actions to hold the appropriate party responsible for violating an employee’s rights.
However, there can be a few challenges with filing a complaint against a supervisor or employer, due to various legal intricacies. This does not mean it is impossible or even improbable. It means that sometimes there may be more to consider in terms of legal violations and harassing behaviors. In some cases, it may up to members of the U.S. Supreme Court to make a ruling on a small but vital issue. Under these circumstances, one person can make a world of difference in various harassment and discrimination cases going forward.
Recently, one woman found herself in this very situation. She had been working in catering for 18 years and was the only African-American person working in the department. During her employment, the woman says she was the victim of ongoing harassment by a woman she referred to as one of her immediate supervisors. After lodging her complaint with the school, they took no action besides requiring the two women to attend counseling. The woman filed a lawsuit claiming she was subjected to a racially hostile work environment.
The school claims that the woman accused of the harassment was not technically a supervisor, since she could not hire or fire the alleged victim, and therefore the employer could not be held liable. The woman, alternatively, argues that a person does not need to have the power to hire or fire a person to be considered a supervisor. The alleged harasser in this case fits a broader definition of a supervisor adopted by the Equal Employment Opportunity Commission because she was able to direct daily work activities and create work assignments.
A disagreement over the definition of one single word has created a standstill in the case. Now, the U.S. Supreme Court is being asked to weigh in on the issue and definitively establish a universal definition of a supervisor so that future similar cases can be resolved more quickly. The distinction between if the woman was the victim’s co-worker or agent of the employer will have a significant impact on who, if anyone, can be held responsible for the harassment.
Source: NPR, “Supreme Court To Look At Who Is A ‘Supervisor’ In Harassment Cases,” Nina Totenberg, Nov. 26, 2012
