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VANCE v. BALL STATE UNIVERSITY, ET AL.

Docket No.: 11-556
Certiorari Granted: Jun 25 2012
Argued: November 26, 2012
Decided: June 24, 2013

Topics:

Title VII, conditions of employment, retaliation

PartyNames: Maetta Vance v. Ball State University, et al.
Petitioner: Maetta Vance
Respondent: Ball State University, et al.

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: 646 F3d 461
Supreme Court Docket

Maetta Vance
v.
Ball State University, et al.
Background:

In Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), this Court held that under Title VII, an employer is vicariously 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. In the decision below, the Seventh Circuit held that actionable harassment by a person whom the employer deemed a "supervisor" and who had the authority to direct and oversee the victim's daily work could not give rise to vicarious liability because the harasser did not also have the power to take formal employment actions against her.

Question Presented:

Whether, as the Second, Fourth, and Ninth Circuits have held, the Faragher and Ellerth "supervisor" liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim's daily work, or, as the First, Seventh, and Eighth Circuits have held (ii) is limited to those harassers who have the power to "hire, fire, demote, promote, transfer, or discipline" their victim.

VANCE v. BALL STATE UNIVERSITY, ET AL.
ORAL ARGUMENT

November 26, 2012

Listen to Oral Argument in VANCE v. BALL STATE UNIVERSITY, ET AL.
Holding: AFFIRMED
Vote: 5-4

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VANCE v. BALL STATE UNIVERSITY, ET AL.
Case Documents

1BRIEF FOR PETITIONER
2BRIEF OF AMICI CURIAE NATIONAL EMPLOYMENT LAWYERS ASSOCIATION AND AARP IN SUPPORT OF PETITIONER
3BRIEF OF NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES, ET AL., AS AMICI CURIAE IN SUPPORT OF PETITIONER
4BRIEF FOR RESPONDENT
5BRIEF AS AMICI CURIAE OF THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER AND THE RETAIL LITIGATION CENTER IN SUPPORT OF RESPONDENT
6BRIEF AMICUS CURIAE OF THE EQUAL EMPLOYMENT ADVISORY COUNCIL IN SUPPORT OF RESPONDENT
7BRIEF OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT AND THE COLLEGE AND UNIVERSITY PROFESSIONAL ASSOCIATION FOR HUMAN RESOURCES AS AMICI CURIAE IN SUPPORT OF RESPONDENT
8BRIEF OF AMICUS CURIAE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA IN SUPPORT OF RESPONDENT
9BRIEF OF AMICUS CURIAE NEW ENGLAND LEGAL FOUNDATION IN SUPPORT OF RESPONDENT
10BRIEF OF AMICI CURIAE AMERICAN COUNCIL ON EDUCATION AND OTHER HIGHER EDUCATION ORGANIZATIONS IN SUPPORT OF RESPONDENT
11BRIEF FOR THE UNITED STATES AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY
12VANCE v. BALL STATE UNIVERSITY, ET AL. Oral Argument Transcript (PDF)
13VANCE v. BALL STATE UNIVERSITY, ET AL. Oral Argument Audio
14Slip Opinion in VANCE v. BALL STATE UNIVERSITY, ET AL.