That’s the big question the U.S. Supreme Court will soon answer. It recently heard oral argument on a Title VII case to resolve an unanswered issue: who, exactly, is a “supervisor”?
Title VII case law makes the employer responsible for harassment by a plaintiff’s “supervisors,” but there is no clear definition of who’s included in this category. The Supreme Court grappled over whether the power to hire or fire was required, or simple seniority or ability to exert some sort of control over other employees is enough.
But we’ll have to wait until the spring for an answer.