
SCOTUS clarified the definition of “supervisor” in sexual harassment cases under Title VII of the Civil Rights Act of 1964, for purposes of determining whether an employer is vicariously liable for an employee’s acts of sexual harassment. According to the Supreme Court, the defining characteristic of a “supervisor” is one who has the authority to take tangible employment action against the victim. The Court opined that, through its clarification, the question of supervisor status will often be able to be determined by the court, as a matter of law, prior to trial. Vance v. Ball State University, 133 S.Ct. 2434 (2013).