In Vance v. Ball State Univ., the United States Supreme Court held that an employee is a “supervisor” for purposes of vicarious liability under Title VII of the Civil Rights Act of 1964 if he or she is empowered by the employer to take tangible employment actions against the victim. 133 S. Ct. 2434, 186 L. Ed. 2d 565 (2013) (abrogating Mack v. Otis Elevator Co., 326 F.3d 116, and Whitten v. Fred’s Inc., 601 F.3d 231). The Court found that an employer’s liability depends on the status of the alleged harasser.

If the alleged harasser is a co-worker, the employer is liable only if it was negligent in controlling working conditions. If the alleged harasser is a supervisor and the alleged harassment involves a tangible employment action, the employer is strictly liable. In other words, the employer is only liable for harassment if the employees conduct affects “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.” The Court in Vance, found that the employee in question, despite maintain the title of “supervisor,” was not a supervisor because there was no evidence that co-worker directed employee’s day-to-day activities. The Court also found that the employer was not negligent in controlling the working conditions.