Supreme Court Delivers Two Late Term Victories to Employers

August 2013
Employment Law Notes
Employers who lately have felt under siege by federal and state enforcement agencies can take comfort in two recent decisions by the United States Supreme Court. In University of Texas Southwestern Medical Center v. Nassar, a narrow Court majority held retaliation claims under Title VII to a stricter standard of proof than standard discrimination claims. In Vance v. Ball State University, the same majority narrowly defined “supervisor” for purposes of establishing an employer’s vicarious, or strict, liability for harassment. Both decisions will make it more difficult for employees to establish claims of employment discrimination under federal law.