U.S. Supreme Court Employment Decisions

The U.S. Supreme Court recently issued two decisions favorable to employers:

  • In Vance v. Ball State U., the Supreme Court ruled that a supervisor must have authority to take a tangible employment action (such as hiring or firing) for an employer to be subject to liability for the action of the supervisor (referred to as vicarious liability) under Title VII.
  • In U. of Texas Southwestern Med. Ctr. v. Nassar, the High Court ruled that Title VII retaliation claims must be proven according to the more stringent principle of but-for causation, not simply that the alleged retaliatory desire was a motivating factor in the employment decision.

The Court also upheld affirmative action in higher education and is expected to issue a decision on same-sex marriage later today.