vance
ball
state
university
et
argued
november
decided
june
title
vii
employer
liability
workplace
harassment
may
depend
status
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harassing
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victim
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liable
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conditions
cases
harasser
supervisor
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rules
apply
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harassment
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burlington
industries
ellerth
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employer
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reasonable
care
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harassing
behavior
plaintiff
unreasonably
failed
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faragher
boca
raton
ellerth
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petitioner
vance
woman
sued
employer
ball
state
university
bsu
alleging
fellow
employee
saundra
davis
created
racially
hostile
work
environment
violation
title
vii
district
granted
summary
judgment
bsu
held
bsu
vicariously
liable
davis
alleged
actions
davis
take
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actions
vance
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circuit
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liability
title
vii
empowered
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use
term
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title
vii
way
understand
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structured
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claiming
cases
support
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harassers
cases
treated
supervisors
lacked
authority
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circuit
definition
demands
ellerth
question
alleged
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interpretation
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definition
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organizations
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structure
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respect
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fears
employers
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liability
workplace
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empowering
handful
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pp
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alito
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kennedy
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ginsburg
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press
maetta
vance
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ball
state
university
writ
certiorari
appeals
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circuit
june
justice
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opinion
case
decide
question
left
open
burlington
industries
ellerth
agher
boca
raton
namely
qualifies
supervisor
case
employee
asserts
title
vii
claim
workplace
harassment
title
vii
employer
liability
harassment
may
depend
status
harasser
harassing
employee
victim
employer
liable
negligent
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conditions
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provided
ellerth
supra
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title
vii
empowered
employer
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victim
therefore
affirm
judgment
seventh
circuit
maetta
vance
woman
began
working
ball
state
university
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employment
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harassment
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charges
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vance
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lawsuit
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southern
district
indiana
claiming
among
things
subjected
racially
hostile
work
environment
violation
title
vii
complaint
alleged
davis
supervisor
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liable
davis
creation
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hostile
work
environment
complaint
sd
dkt
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parties
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promote
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vance
result
vance
supervisor
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circuit
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bsu
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wl
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hire
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vance
supervisor
thus
vance
recover
bsu
unless
prove
negligence
finding
bsu
negligent
respect
davis
conduct
affirmed
ii
title
vii
civil
rights
act
makes
unlawful
employment
practice
employer
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
provision
obviously
prohibits
discrimination
respect
employment
decisions
direct
economic
consequences
termination
demotion
pay
cuts
long
title
vii
enacted
lower
courts
held
title
vii
also
reaches
creation
perpetuation
discriminatory
work
environment
leading
case
rogers
eeoc
fifth
circuit
recognized
cause
action
based
theory
see
meritor
savings
bank
fsb
vinson
describing
development
hostile
environment
claims
based
race
rogers
reasoned
phrase
conditions
privileges
employment
title
vii
expansive
concept
sweeps
within
protective
ambit
practice
creating
working
environment
heavily
charged
ethnic
racial
discrimination
observed
ne
readily
envision
working
environments
heavily
polluted
discrimination
destroy
completely
emotional
psychological
stability
minority
group
workers
ibid
following
decision
lower
courts
generally
held
employer
liable
racially
hostile
work
environment
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negligent
employer
knew
reasonably
known
harassment
failed
take
remedial
action
see
ellerth
thomas
dissenting
citing
cases
issue
eventually
reached
agreed
title
vii
prohibits
creation
hostile
work
environment
see
meritor
supra
cases
held
plaintiff
must
show
work
environment
pervaded
discrimination
terms
conditions
employment
altered
see
harris
forklift
systems
consistent
rogers
held
employer
directly
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employee
unlawful
harassment
employer
negligent
respect
offensive
behavior
faragher
courts
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applied
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evaluate
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liability
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ellerth
faragher
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rules
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plaintiff
supervisor
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employees
creation
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identifying
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liability
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looked
restatement
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guidance
see
tor
supra
ellerth
supra
restatement
masters
generally
liable
torts
servants
torts
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outside
scope
servants
employment
see
restatement
second
agency
restatement
racial
sexual
harassment
unlikely
fall
within
scope
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duties
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rule
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preclude
employer
liability
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harassment
see
faragher
supra
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ellerth
faragher
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restatement
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agher
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ellerth
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adapting
concept
title
vii
context
ellerth
faragher
identified
two
situations
rule
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employer
liability
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absence
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involve
harassment
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opposed
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takes
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supra
faragher
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firing
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requires
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cases
documented
official
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circumstances
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faragher
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ellerth
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faragher
held
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began
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faragher
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ellerth
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accommodate
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misuse
supervisory
authority
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title
vii
equally
basic
policies
encouraging
forethought
employers
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action
objecting
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dissenting
members
ellerth
faragher
created
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cases
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creation
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proves
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negligent
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thomas
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obviously
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circuit
held
employee
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lear
operations
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iii
hold
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webster
third
new
international
dictionary
def
person
authority
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transfer
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rather
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harasser
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illinois
dept
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judgment
although
power
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see
noviello
boston
weyers
lear
operations
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civil
constructors
arkansas
illinois
indiana
iowa
maine
massachusetts
minnesota
missouri
nebraska
new
hampshire
north
dakota
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island
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general
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title
vii
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hold
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title
vii
empowered
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vance
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circuit
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thomas
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maetta
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ball
state
university
writ
certiorari
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circuit
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sotomayor
justice
kagan
join
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faragher
boca
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burlington
industries
ellerth
held
employer
vicariously
liable
title
vii
civil
rights
act
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given
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equal
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eeoc
provided
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disserves
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title
vii
prevent
discrimination
infecting
nation
workplaces
follow
eeoc
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hold
authority
direct
employee
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activities
establishes
supervisory
status
title
vii
title
vii
makes
unlawful
employment
practice
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discriminate
individual
respect
terms
conditions
privileges
employment
individual
race
color
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sex
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origin
creation
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long
recognized
form
proscribed
discrimination
oncale
sundowner
offshore
services
meritor
savings
bank
fsb
vinson
qualifies
harassment
title
vii
imposes
general
civility
code
oncale
reach
ordinary
tribulations
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example
sporadic
use
abusive
language
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lindemann
kadue
sexual
harassment
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law
see
also
lindemann
grossman
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ed
hereinafter
lindemann
grossman
actionable
charged
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ing
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faragher
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vii
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term
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two
views
emerged
one
view
line
eeoc
guidance
counts
supervisor
anyone
authority
take
tangible
actions
direct
employee
daily
work
activities
mack
otis
elevator
whitten
fred
eeoc
guidance
view
ranks
supervisors
authorized
take
tangible
employment
actions
noviello
boston
parkins
civil
constructors
joens
john
morrell
notably
respondent
ball
state
university
agreed
petitioner
vance
amicus
curiae
test
necessarily
capture
employees
may
qualify
supervisors
brief
respondent
icarious
liability
ball
state
acknowledged
also
may
triggered
harassing
employee
authority
control
victim
daily
work
activities
way
materially
enables
harassment
different
view
taken
today
accord
agency
principles
faragher
ellerth
affirmed
govern
title
vii
see
supra
blind
realities
workplace
discounts
guidance
eeoc
agency
congress
established
interpret
superintend
enforcement
title
vii
guidance
appropriate
question
employer
given
alleged
harasser
authority
take
tangible
employment
actions
control
conditions
subordinates
daily
work
answer
either
inquiry
yes
vicarious
liability
order
working
arrangement
facilitating
harassment
employer
making
today
decisions
assumed
employees
direct
subordinates
daily
work
supervisors
faragher
city
boca
raton
florida
employed
bill
terry
david
silverman
oversee
city
corps
ocean
lifeguards
terry
silverman
repeatedly
subject
ed
faragher
female
lifeguards
uninvited
offensive
touching
regularly
de
lewd
remarks
spoke
women
offensive
terms
ibid
internal
quotation
marks
omitted
terry
told
job
applicant
female
lifeguards
sex
male
counterparts
asked
whether
silverman
threatened
assign
faragher
duties
year
refused
date
words
conduct
silverman
terry
made
beach
hostile
place
women
work
chief
boca
raton
marine
safety
division
terry
authority
hire
new
lifeguards
subject
approval
higher
management
supervise
aspects
lifeguards
work
assignments
engage
counseling
deliver
oral
reprimands
make
record
discipline
silverman
duties
marine
safety
lieutenant
included
making
lifeguards
daily
assignments
supervising
work
fitness
training
ibid
men
granted
virtually
unchecked
authority
subordinates
directly
controlling
supervising
aspects
faragher
activities
internal
quotation
marks
brackets
omitted
may
assume
terry
fall
within
definition
supervisor
adopts
today
see
ante
nothing
faragher
record
shows
silverman
silverman
oversight
assignment
responsibilities
punish
lifeguards
date
duty
evidence
authority
take
tangible
employment
actions
see
faragher
holding
boca
raton
vicariously
liable
silverman
harassment
characterized
faragher
supervisor
see
dissent
point
see
thomas
dissenting
subsequent
decisions
reinforced
faragher
use
term
supervisor
encompass
employees
authority
direct
daily
work
victims
pennsylvania
state
police
suders
example
considered
whether
constructive
discharge
occasioned
supervisor
harassment
ranks
tangible
employment
action
harassing
employees
lacked
authority
discharge
demote
complainant
responsible
supervision
workplace
overseeing
employee
shifts
suders
easton
describing
harassing
employees
complainant
supervisors
proceeded
evaluate
complainant
constructive
discharge
claim
ellerth
faragher
framework
suders
true
says
ante
faragher
later
cases
squarely
resolve
whether
employee
without
power
take
tangible
actions
may
nonetheless
qualify
supervisor
laboring
establish
silverman
supervisor
status
undisputed
faragher
dispositive
misses
forest
trees
faragher
illustrates
reality
supervisor
authority
control
subordinates
daily
work
less
aided
harassment
supervisor
authority
fire
demote
transfer
silverman
threaten
duties
terry
orally
reprimand
inconsequential
faragher
properly
mattered
men
took
advantage
power
vested
agents
boca
raton
facilitate
abuse
see
faragher
silverman
terry
implicitly
threaten
ed
supervisory
powers
deter
resistance
assisted
agency
relationship
superiors
like
silverman
perpetuate
discriminatory
work
environment
decisions
appropriately
held
employer
vicariously
liable
subject
affirmative
defense
see
supra
workplace
realities
fortify
conclusion
harassment
employee
power
direct
subordinates
work
activities
trigger
vicarious
employer
liability
following
illustrations
none
hypothetical
involve
employees
kind
today
excludes
supervisory
yasharay
mack
yasharay
mack
woman
worked
otis
elevator
company
elevator
mechanic
helper
metropolitan
life
building
new
york
city
james
connolly
mechanic
charge
senior
employee
site
targeted
mack
abuse
commented
frequently
fantastic
ass
luscious
lips
beautiful
eyes
using
deplorable
racial
epithets
opined
minorities
women
belong
business
pulled
lap
touched
buttocks
tried
kiss
others
looked
connolly
lacked
authority
take
tangible
employment
actions
mechanic
helpers
assign
work
control
schedules
direct
particulars
workdays
became
angry
mack
example
denied
overtime
hours
complained
mistreatment
scoffed
get
away
everything
see
mack
internal
quotation
marks
omitted
donna
rhodes
donna
rhodes
seasonal
highway
maintainer
illinois
department
transportation
responsible
plowing
snow
winter
months
michael
poladian
lead
lead
worker
matt
mara
technician
maintenance
yard
rhodes
worked
men
assembled
plow
crews
managed
work
assignments
employees
rhodes
position
neither
authority
hire
fire
promote
demote
transfer
discipline
employees
third
season
working
yard
rhodes
verbally
assaulted
invectives
pornographic
image
taped
locker
poladian
forced
wash
truck
temperatures
assigned
undesirable
yard
work
instead
road
crew
work
prohibited
another
employee
fixing
malfunctioning
heating
system
truck
conceding
rhodes
subjected
hostile
work
environment
department
transportation
argued
successfully
district
appeals
poladian
mara
rhodes
supervisors
lacked
authority
take
tangible
employment
actions
see
rhodes
illinois
dept
clara
whitten
clara
whitten
worked
discount
retail
store
belton
south
carolina
whitten
first
day
work
manager
matt
green
told
give
want
ed
order
obtain
approval
long
weekends
work
later
fearing
might
transpire
whitten
ignored
green
order
join
isolated
storeroom
angered
green
instructed
whitten
stay
late
clean
store
demanded
work
weekend
despite
scheduled
day
dismissing
dumb
stupid
green
threatened
make
life
living
hell
green
lacked
authority
fire
promote
demote
otherwise
make
decisions
affecting
whitten
pocketbook
directed
activities
gave
tasks
accomplish
burdened
undesirable
work
assignments
controlled
schedule
usually
highest
ranking
employee
store
whitten
green
considered
supervisor
see
whitten
internal
quotation
marks
omitted
monika
starke
crst
van
expedited
interstate
transit
company
ran
training
program
newly
hired
truckdrivers
requiring
trip
monika
starke
participated
program
trainees
like
starke
paired
truck
cabin
single
lead
driver
lacked
authority
hire
fire
promote
demote
exercised
control
work
environment
duration
trip
lead
drivers
responsible
providing
instruction
crst
driving
method
assigning
specific
tasks
scheduling
rest
stops
end
trip
lead
drivers
evaluated
trainees
performance
nonbinding
pass
fail
recommendation
lead
full
driver
status
course
starke
training
trip
first
lead
driver
bob
smith
filled
cabin
vulgar
sexual
remarks
commenting
breast
size
comparing
gear
stick
genitalia
second
lead
driver
david
goodman
later
forced
unwanted
sex
outrage
submitted
believing
necessary
gain
passing
grade
see
eeoc
crst
van
expedited
cases
person
vested
authority
control
conditions
subordinate
daily
work
life
used
position
aid
harassment
none
severely
confined
definition
yield
vicarious
liability
employer
senior
elevator
mechanic
charge
today
tells
us
mack
supervisor
store
manager
punished
whitten
long
hours
refusing
give
wanted
lead
drivers
controlled
aspects
starke
working
environment
yard
worker
kept
employees
helping
rhodes
control
heat
truck
anyone
work
experience
immediately
grasp
james
connolly
michael
poladian
matt
mara
matt
green
bob
smith
david
goodman
wielded
supervisory
authority
victims
man
discriminatory
harassment
derived
force
facilitated
control
reins
held
cf
burlington
white
common
sense
suggests
one
good
way
discourage
employee
bringing
discrimination
charges
insist
spend
time
performing
arduous
duties
less
time
performing
easier
fair
reading
title
vii
illustrative
cases
superior
employee
classified
supervisor
whose
conduct
trigger
vicarious
within
year
decisions
faragher
ellerth
eeoc
defined
supervisor
include
employee
authority
undertake
recommend
tangible
employment
decisions
authority
another
employee
daily
work
activities
eeoc
guidance
definition
garner
respect
proportional
persuade
mead
quoting
skidmore
swift
see
also
crawford
metropolitan
government
nashville
davidson
eeoc
guidelines
merited
skidmore
deference
federal
express
holowecki
meritor
eeoc
definition
supervisor
reflects
agency
informed
judgment
body
experience
enforcing
title
vii
internal
quotation
marks
omitted
years
enforcement
actions
litigation
eeoc
firmly
adhered
definition
see
brief
amicus
curiae
citing
numerous
briefs
courts
appeals
setting
forth
eeoc
understanding
developing
definition
supervisor
eeoc
paid
close
attention
faragher
ellerth
framework
employer
vicariously
liable
authority
delegated
enables
actionable
harassment
eeoc
recognized
eeoc
guidance
reason
supervisor
authority
must
sufficient
magnitude
assist
harasser
carrying
harassment
ibid
determining
whether
employee
wields
sufficient
authority
mechanical
inquiry
eeoc
explained
instead
specific
facts
employee
job
function
critical
thus
employee
authority
increase
another
workload
assign
undesirable
tasks
may
rank
supervisor
powers
enable
harassment
hand
employee
directs
limited
number
tasks
assignments
ordinarily
qualify
supervisor
harassing
conduct
likely
aided
materially
agency
relationship
view
eeoc
definition
puts
study
ambiguity
ante
ring
truth
therefore
powerfully
persuasive
force
precondition
vicarious
employer
liability
eeoc
explained
harassing
supervisor
must
wield
authority
sufficient
magnitude
enable
harassment
words
standard
requires
something
employment
relation
ellerth
furthermore
eeoc
perceived
assessing
employee
qualification
supervisor
context
often
key
see
infra
accord
agency
judgment
due
respect
iii
exhibiting
remarkable
resistance
thrust
prior
decisions
workplace
realities
eeoc
guidance
embraces
position
relieves
scores
employers
responsibility
behavior
supervisors
employ
trumpeting
virtues
simplicity
administrability
restricts
supervisor
status
power
take
tangible
employment
actions
restricting
definition
supervisor
shuts
sight
robust
protection
workplace
discrimination
congress
intended
title
vii
secure
ledbetter
goodyear
tire
rubber
ginsburg
dissenting
purports
rely
ellerth
faragher
framework
limit
supervisor
status
capable
taking
tangible
employment
actions
ante
framework
told
presupposes
sharp
line
supervisors
ante
definition
supervisor
decreed
today
insists
clear
readily
applied
easily
workable
ante
compared
eeoc
vague
standard
ante
reason
doubt
clear
workable
definition
supervisor
holds
someone
empowered
take
tangible
employment
actions
victim
effect
change
employment
status
hiring
firing
failing
promote
reassignment
significantly
different
decision
causing
significant
change
benefits
ante
quoting
ellerth
whether
reassignment
authority
makes
someone
supervisor
might
depend
whether
reassignment
carries
economic
consequences
ante
power
discipline
employees
discipline
economic
consequences
might
count
ibid
might
power
initiate
make
recommendations
tangible
employment
actions
ante
employer
concentrates
decisionmaking
authority
individuals
rely
information
workers
actually
interact
affected
employee
workers
may
rank
supervisors
maybe
commit
one
way
ante
someone
search
bright
line
might
well
ask
counts
significantly
different
responsibilities
economic
consequence
make
reassignment
disciplinary
action
significant
minimum
threshold
concentrated
must
decisionmaking
authority
deem
formally
endowed
authority
nevertheless
supervisors
leaves
questions
unanswered
liberal
use
mights
mays
ante
dims
light
adopted
standard
rather
clear
rule
surprising
crisp
definition
supervisor
supply
unwavering
line
desires
supervisors
like
workplaces
manage
come
shapes
sizes
whether
pitching
coach
supervises
pitchers
demote
artistic
director
supervises
opera
star
impose
significantly
different
responsibilities
law
firm
associate
supervises
firm
paralegals
fire
matters
susceptible
mechanical
rules
switches
one
know
whether
employer
vested
supervisory
authority
employee
whether
harassment
aided
authority
without
looking
particular
working
relationship
harasser
victim
faragher
ellerth
crafted
employer
liability
standard
embracive
whose
authority
significantly
aids
creation
perpetuation
harassment
focus
finding
definition
supervisor
capable
instant
application
odds
ordinary
emphasis
importance
particular
circumstances
title
vii
cases
see
burlington
northern
significance
given
act
retaliation
often
depend
upon
particular
circumstances
harris
hether
environment
determined
looking
circumstances
question
supervisory
status
less
question
whether
harassment
occurred
depends
constellation
surrounding
circumstances
expectations
relationships
oncale
eeoc
guidance
perceives
consequence
truncated
conception
supervisory
authority
faragher
ellerth
framework
shifted
decidedly
direction
realignment
leave
many
harassment
victims
without
effective
remedy
undermine
title
vii
capacity
prevent
workplace
harassment
negligence
standard
allowed
see
ante
scarcely
affords
protection
faragher
ellerth
framework
gave
victims
harassed
control
lives
work
recall
employer
negligent
regard
harassment
knew
known
conduct
failed
take
appropriate
corrective
action
see
cfr
eeoc
guidance
uncommon
employers
lack
actual
constructive
notice
harassing
employee
conduct
see
lindemann
grossman
employee
may
reputation
harasser
among
vicinity
complaint
makes
way
management
employer
escape
liability
negligence
standard
faragher
illustrative
enduring
unrelenting
harassment
faragher
reported
terry
silverman
conduct
informally
robert
gordon
another
immediate
supervisor
lifeguards
completely
isolated
city
higher
management
occur
faragher
pursue
matter
higher
ranking
city
officials
distant
beach
internal
quotation
marks
omitted
applying
negligence
standard
eleventh
circuit
held
despite
pervasiveness
harassment
despite
gordon
awareness
boca
raton
lacked
constructive
notice
therefore
escaped
liability
vicarious
liability
standard
however
boca
raton
make
affirmative
defense
failed
disseminate
policy
sexual
harassment
top
substantive
differences
negligence
vicarious
liability
standards
harassment
victims
today
decision
saddled
burden
proving
employer
negligence
whenever
harasser
lacks
power
take
tangible
employment
actions
faragher
ellerth
contrast
placed
burden
squarely
employer
make
affirmative
defense
see
suders
citing
ellerth
faragher
allocation
burden
sensible
deliberate
employer
superior
access
evidence
bearing
whether
acted
reasonably
prevent
correct
harassing
behavior
superior
resources
marshal
evidence
see
employer
best
position
know
remedial
procedures
offers
employees
procedures
faced
steeper
substantive
procedural
hill
climb
victims
like
yasharay
mack
donna
rhodes
clara
whitten
monika
starke
likely
find
impossible
obtain
redress
expect
consequence
restricting
supervisor
category
formally
empowered
take
tangible
employment
actions
victims
workplace
harassment
meritorious
title
vii
claims
find
suit
hazardous
inevitably
definition
supervisor
hinder
efforts
stamp
discrimination
workplace
supervisors
comparatively
employees
many
employer
greater
opportunity
guard
misconduct
supervisors
common
workers
greater
incentive
screen
supervisors
train
monitor
performance
faragher
vicarious
liability
employers
serves
end
employers
know
answerable
injuries
harassing
jobsite
boss
inflicts
incentive
provide
preventative
instruction
heightened
vicarious
liability
confined
supervisors
formally
empowered
take
tangible
employment
actions
however
employers
diminished
incentive
train
control
subordinates
work
activities
schedules
supervisors
actually
interact
employees
ante
iv
turn
case
us
maetta
vance
worked
substitute
server
catering
assistant
ball
state
university
banquet
catering
division
period
question
alleged
saundra
davis
catering
specialist
ball
state
employees
subjected
racially
hostile
work
environment
applying
controlling
circuit
precedent
district
seventh
circuit
concluded
davis
vance
supervisor
reviewed
ball
state
liability
conduct
negligence
standard
app
pet
cert
hold
seventh
circuit
erred
restricting
supervisor
status
employees
formally
empowered
take
tangible
employment
actions
remand
application
proper
standard
vance
claim
record
however
cause
anticipate
davis
qualify
vance
supervisor
status
based
job
function
rather
job
title
depends
specific
facts
working
relationship
eeoc
guidance
see
supra
vance
adduced
scant
evidence
davis
controlled
conditions
daily
work
vance
stated
affidavit
general
manager
catering
division
bill
kimes
charged
overall
supervision
kitchen
including
reassign
ing
people
perform
different
tasks
control
ling
schedule
app
chef
shannon
fultz
assigned
tasks
preparing
prep
lists
daily
duties
allegation
davis
hand
creating
prep
lists
indication
fact
davis
otherwise
controlled
particulars
vance
workday
vance
testified
know
whether
davis
supervisor
true
davis
job
description
listed
among
responsibilities
ead
ing
direct
ing
kitchen
substitute
student
employee
helpers
via
demonstration
coaching
overseeing
work
another
employee
testified
believing
davis
supervisor
inquiry
focus
substance
labels
paper
descriptions
doubtful
slim
evidence
enable
vance
survive
motion
summary
judgment
nevertheless
leave
seventh
circuit
decide
proper
standard
status
impact
davis
job
description
statement
determination
davis
regrettably
seized
upon
vance
thin
case
narrow
definition
supervisor
thereby
manifestly
limit
title
vii
protections
workplace
harassment
even
ball
state
case
advanced
restrictive
definition
adopts
see
supra
yet
insistent
constructing
artificial
categories
context
key
proceeds
immoderate
unrestrained
course
corral
title
vii
congress
recent
past
intervened
correct
wayward
interpretations
title
vii
see
lilly
ledbetter
fair
pay
act
stat
superseding
ledbetter
goodyear
tire
rubber
see
also
civil
rights
act
stat
superseding
part
lorance
technologies
martin
wilks
wards
cove
packing
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diamond
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force
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title
vii
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title
vii
judged
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vii
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text
title
vii
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title
vii
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vii
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