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Thu Jun 27, 2013, 10:11 AM

The Supervisor From Hell Gets a Pass From SCOTUS


(In These Times) The petty tyranny of middle management is practically a modern workplace institution. We've all experienced—or heard stories of—the despised supervisor who makes every workday miserable with verbal jabs and insults, sexual harassment, racial epithets or outright discrimination. And if that describes your workplace, your life may get just a little more nightmarish, since the Supreme Court has made it harder to wage a civil rights challenge against the supervisor from hell.

While the media has focused on the court's big decisions this week on voting rights and marriage equality, the court also issued a major 5-4 decision on Monday limiting the scope of Title VII of the Civil Rights Act. The court ruled that when a supervisor engages in discriminatory harassment, the employer can be held strictly legally liable only if the supervisor working under the employer has authority over “tangible” employment decisions, namely the power to “hire, fire, demote, promote, transfer, or discipline.” The decision could sharply limit employer liability for supervisor harassment in many cases.

The theoretical distinction between employer and supervisor didn’t mean much to Maetta Vance, a black catering worker at Ball State University who complained to the U.S. Equal Employment Opportunity Commission (EEOC) about her white supervisor’s alleged harassment and threats against her. According to the allegations, Vance's co-worker “gave her a hard time at work by glaring at her, slamming pots and pans around her, and intimidating her.” The day-to-day experience of bias was what drove Vance’s civil rights claim. The case illustrates how, even without hiring or firing power, a higher-up's power to shape the social environment of a workplace can be abused, especially when abetted by institutionalized racism and socially ingrained inequality. ....................(more)

The complete piece is at: http://inthesetimes.com/working/entry/15197/scotus_limits_civil_rights_protections_against_supervisor_abuse/



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