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Title VII › Vicarious Liability

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Robinson & Cole LLP

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile...

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On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

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A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

FordHarrison

Employers in BET’s Twenties Test the Waters with Respect to Sexual Harassment and Discrimination

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In its “Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors,” the U.S. Equal Employment Opportunity Commission (EEOC) notes, “The standard for employer liability for hostile work environment...more

Burr & Forman

South Carolina Employment Law Letter: 4th Circuit delivers blow to Title VII punitive damages

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In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

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This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Mayer Brown

Fourth Circuit Reverses Findings Of Vicarious Punitive Liability Under Title VII And North Carolina Law

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Making important law on the question of vicarious liability for punitive damages, the Fourth Circuit recently reversed awards of punitive damages under Title VII and North Carolina law in Ward v. AutoZoners....more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

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Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...more

Husch Blackwell LLP

Corporations Exposed To Liability Under The Illinois Gender Violence Act

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Key points: Corporations may be held vicariously liable for employee conduct under the Illinois Gender Violence Act. An Illinois appellate court justified the imposition of liability as a consequence of expanding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Addressing Workplace Sexual Harassment in the #MeToo Era

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Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

FordHarrison

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

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Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

Seyfarth Shaw LLP

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

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Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

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Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Baker Donelson

Six Lessons for Franchisors on Avoiding Liability Under Title VII

Baker Donelson on

Restaurant franchisor Buffalo Wild Wings, Inc. (BWW) and Buffalo Wild Wings International Inc. were sued in Arizona's federal district court on charges of Title VII violations....more

Gray Reed

The Supreme Court Narrows The Definition Of “Supervisor” – The Cat’s Meow For Corporations

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Ellen Tabby, an African-American, has worked for Binge and Purr, a cat food manufacturing company, for several years....more

Benesch

Supreme Court Clarifies When an Employee is a Supervisor Under Title VII

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In a 5-4 decision that represents a major victory for employers, the U.S. Supreme Court held that an employee must have the power to take tangible employment actions against another worker in order to be considered a...more

Fenwick & West LLP

Fenwick Employment Brief - July 2013

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In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more

Stoel Rives LLP

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

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On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

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Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Proskauer - California Employment Law

Employers Win Big In Two New U.S. Supreme Court Cases

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The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

Littler

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

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In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously...more

Morgan Lewis

Supreme Court Issues Two Important Title VII Opinions

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Divided Court holds that a "supervisor" must be empowered to take tangible employment actions for vicarious liability under Title VII to apply and that Title VII retaliation claims are subject to a higher "but-for" causation...more

Proskauer Rose LLP

Supreme Court Adopts an Employer-Friendly Definition of "Supervisor" for the Faragher/Ellerth Analysis

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On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Title VII Decisions Favorable For Employers

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At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

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