What is a supervisor?

Do you know what constitutes a supervisor? According to the 2nd, 4th and 9th U.S. circuit courts of appeal, a “supervisor” is someone whom the employer vests the authority to direct and oversee their employees' daily work.

So why would it matter what is legally considered a supervisor?

In the cases of Faragher v. City of Boca Raton, and Burlington Industries Inc. v. Ellerth, the Supreme Court held that under Title VII of the Civil Rights Act, an employer is liable for severe or pervasive workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.

Unfortunately, not all circuit courts think the same way. According to the 7th Circuit, just because a person is deemed a “supervisor” by their employer does not mean they are considered a supervisor under Title VII if they do not have the power to take formal employment actions against employees.

So if a few different courts are saying different things, which is correct? That is what the U.S. Supreme Court is trying to figure out. The case that is being discussed is Vance v. Ball State University. A black catering assistant was racially harassed by white co-workers and supervisors. The 7th Circuit affirmed summary judgment to Ball State University, saying that Vance failed to establish a basis for employer liability based on purported harassment by either a co-worker or a supervisor.

However, Vance is saying that one of the harassers was a supervisor, stating that the alleged supervisor did direct her work and did not clock in like other hourly employees. So according to the EEOC, is the person a supervisor or not? We will have to wait for the Supreme Court to see.

In the meantime, make sure your managers and supervisors all receive training and guidance with your company's anti-discrimination policy, and make sure that they pass their training on to employees. Remember, knowledge is power!