What The Supreme Court Said In The “Who-Is-A-Supervisor” Case

The majority opinion, written by Justice Alito, is nuanced, and the recent Vance v. Ball State University decision may not have been the slam dunk for employers that some analysts first thought. Defining who qualifies as a supervisor, and whose actions therefore could subject the employer to vicarious liability, can require more than just looking at whether the person is directly empowered to hire, fire and promote.