Posts Tagged ‘vicarious liability’
Sunday, December 2nd, 2012
As bullied targets learn quickly, civil rights laws rarely apply in bullying situations. The magic combination of a target being a member of a protected class and the bully not being a member happens in only 1 in 5 cases. With all other combinations the target must overcome legal obstacles too great for most attorneys to tackle.
On Nov. 26, the U.S. Supreme Court (SCOTUS) heard oral arguments in the case brought by a black woman Maetta Vance against Ball State University. The case is not about whether or not she suffered racial discrimination at the hands of Saundra Davis, a white woman, but whether Davis was her supervisor.
The University is not liable for Davis’ conduct if the court deems Davis a coworker. Vance contends that Davis acted as her supervisor. That’s the crux of the case. The final decision affects the liability of employers in harassment cases and could make it even tougher to sue employers for one of their employee’s wrongdoing.
Tags: Ball State University, employer liability, harassment, Maetta Vance, status-protected group, supervisor definition, vicarious liability
Posted in Fairness & Social Justice Denied, Rulings by Courts, Tutorials About Bullying, WBI Education, Workplace Bullying Laws | 1 Archived Comment | Post A Comment (