Employers received more good news from the U.S. Supreme Court this week with decisions in two cases that toughen standards for determining who is a supervisor and for proving retaliation.
In Vance v. Ball State University, the majority rejected the definition of “supervisor” advanced by the Equal Employment Opportunity Commission, i.e. someone authorized to take “tangible employment actions” or direct the employee’s daily work activities. Instead, the court ruled that a “supervisor” is limited to someone authorized to take “tangible employment actions” like hiring, firing, promoting, demoting or reassigning employees to significantly different responsibilities. Justice Alito, who wrote the majority opinion, noted that “the ability to direct another employee’s tasks is simply not sufficient” to declare someone a supervisor. The decision is significant because plaintiffs claiming racial or sexual harassment face a lower burden to prove an employer liable when the harassment is committed by a supervisor rather than a co-worker.
In a second employment law decision issued on Monday, University of Texas Southwestern Medical Center v. Nassar, the court raised the bar for plaintiffs claiming retaliation. The court held that a plaintiff must prove that the retaliation was not just a motivating factor in an adverse action, but the determinative factor. As a result, courts must now apply a “but for” standard to causation in retaliation claims.
These decisions along with last week’s pro arbitration ruling are the most good news employers have had from the Supreme Court in recent years.
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- EEOC
- Department of Labor
- Discrimination
- FMLA
- Labor Law
- Wage & Hour
- NLRB
- Arbitration
- Affirmative Action
- National Labor Relations Board
- Americans with Disabilities Act
- Coronavirus
- Immigration
- Diversity
- Social Media
- Reasonable Accommodation
- FLSA
- Sexual Harassment
- Employer Policies
- Title VII
- Sixth Circuit
- Employment Litigation
- Religion Discrimination
- Transgender Issues
- Employer Rules
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- Overtime Pay
- National Enforcement Plan
- Employee Benefits and Executive Compensation
- OSHA
- Holiday Policies
- Privacy
- Artificial Intelligence
- Department of Justice
- NLRA
- Compliance
- Independent Contractor
- Joint Employer
- Telework
- Workplace Accommodations
- Supreme Court
- Federal Trade Commission
- Paid Leave Laws
- Litigation
- Tax Credit
- Employee Tips
- IRS
- One Big Beautiful Bill
- Worker Classification
- Harassment
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Medical Marijuana
- Performance Improvement Plans
- Department of Homeland Security
- Foreign Nationals
- Immigration and Customs Enforcement
- Immigration and Nationality Act
- Accommodation
- Sexual Orientation Discrimination
- Employer Handbook
- Inclusion
- LGBTQ+
- ADAAA
- ERISA
- Race Discrimination
- Unions
- ACA
- Affordable Car Act
- Technology
- Federal Arbitration Act
- Medical Cannabis Dispensaries
- Disability
- Whistleblower
- United States Supreme Court
- 401(k)
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Employment Settlement Agreements
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Paycheck Protection Program
- Family and Medical Leave Act
- Environmental Law
- Privacy Laws
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- EEOC Proposes Overhaul of Federal Workplace Discrimination Complaint Process
- OFCCP Publishes Final Rules Reducing Federal Contractor Affirmative Action Obligations
- US Court of Appeals puts $100,000 H-1B Fee on Hold Again
- Asking Is Protected: Sixth Circuit Expands FMLA Retaliation Protections
- New DHS Rule Will Restrict Student Periods of Admission from Duration of Status to Fixed End Date
- TPS Haiti Termination: How Employers Can Ensure I-9 Records Remain Compliant
- A New Enforcement Era: What Employers Should Know About the EEOC’s 2025–2029 National Enforcement Plan
- Beyond Paid Time Off: The Legal Side of Holiday Policies
- EEO-1 Reporting on the Chopping Block: What Employers Need to Know
- DOL Proposes New Joint Employer Rule: What Employers Need to Know