Two Pro-Business Rulings From The Supreme Court

In Vance v. Ball State, the definition of supervisor was construed more narrowly than the EEOC would have it, thus limiting the circumstances under which management can be “vicariously liable” for harassment of one employee by another. In a second case, UT Southwestern v. Nassar, the Court made it more difficult to prove retaliation by requiring the plaintiff to show the action at issue would not have occurred “but for” the retaliatory intent. The Court also set the stage for a three-for-three, agreeing to hear a case that will determine the validity of President Obama’s recess appointments to the National Labor Relations Board, and possibly the validity of all the decisions made by the board on which they sit.