National Labor & Employment Law Developments

Members of the House and Senate on Thursday introduced legislation that would effectively overturn last year's U.S. Supreme Court's decision in Vance v. Ball State University.  In Vance, the Court held that an employee is not a "supervisor" – and therefore does not subject the employer to vicarious liability under Title VII for the employee's actions – unless the employee is empowered to take tangible employment actions against other employees.  The Fair Employment Protection Act (H.R.4227, S. 2133) introduced in the House by Reps. George Miller (D-CA) and Rosa DeLauro (D-CT), and in the Senate by Sen. Tammy Baldwin (D-WI), "corrects the error in the Vance decision and clarifies under Title VII of the Civil Rights Act, as well as other federal antidiscrimination statutes, who counts as a 'supervisor' for the purpose of holding employers responsible for unlawful harassment."