On October 1, the Supreme Court opened its new term with four cases on
the docket that may influence employment law and impact employment discrimination
cases. As topGeorgia employment lawyersconcerned about the employment litigation, the discrimination lawyers at
The Buckley Law Firm, LLC will be following these cases closely.
The cases to be reviewed involve disputes pursuant to Title VII of the
1964 Civil Rights Act, the Civil Service Reform Act, the Fair Labor Standards
Act, and the Employee Retirement Income Security Act.
One of cases —
Vance v. Ball State Univ. – addresses who is a supervisor under Title VII, and when an employer
may be liable for an employee’s actions. Specifically, must an employee
have the authority to hire, fire or otherwise discipline a harassee in
order to be considered a Title VII supervisor?
Currently, the Equal Employment Opportunity Commission, along with a handful
of federal appeals courts have found that in certain cases, even if an
employee doesn’t have the authority to hire or fire, he or she could
still be considered a “supervisor” if he or she directs the
plaintiff’s day to day activities. This determination is significant.
Where an employee’s actions may be considered those of a supervisor,
an employer may be held vicariously liable (responsible) for a worker’s
actions and may be required to pay damages that result from employment
The crux of the argument in this employment law case pivots on whether
the court believes a supervisor is someone whose authority enables another
worker to harass an employee or augments the ability of the [harasser]
to create a hostile work environment for his or her subordinates.
Another case reviews the procedural steps involved to bring in a federal
lawsuit based sex discrimination, age discrimination and retaliation. In
Kloeckner v. Solis the Eighth Circuit ruled that a former Labor Department employee, could
not pursue her age and sex bias and retaliation claims in federal district
court, but rather must first appeal the dismissal of her claims on procedural
grounds to the Federal Circuit.
Other cases involve the types or amount of evidence plaintiffs must present
before they can achieve class certification. How the Court rules on any
of these cases could have a significant impact on Georgia employment laws.
For more information or if you have any questions concerning employment
laws, or if you believe you may have been discriminated against please
contact the knowledgeable
Atlanta employment discrimination lawyers at The Buckley Law Firm, LLC for an immediate consultation.