In this 5-4 decision, the United States Supreme Court resolved a split among the circuits as to when an employee qualifies as a "supervisor" such that their conduct can impose liability on the employer. In so doing, the Court relied on its seminal decisions - Ellerth and Faragher - in determining that it must be a person whom the employer has authorized to take "tangible employment actions" with respect to the alleged victim. The Court also criticized and rejected the EEOC's broader position on this issue.
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