Vance v. Ball State University: SCOTUS Hears Oral Argument in Title VII Supervisor Liability Action

On November 26, 2012, the Supreme Court of the United States heard oral argument in Vance v. Ball State University (Case No. 11-556). The question in Vance is whether, "as the Second, Fourth, and Ninth Circuits have held, the Faragher and Ellerth 'supervisor' liability rule (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or, as the First, Seventh, and Eighth Circuits have held (ii) is limited to those harassers who have the power to 'hire, fire, demote, promote, transfer, or discipline' their victim."

The transcript is here. SCOTUSblog reported on oral argument here. SCOTUSblog concludes that the Court may DIG the case (deny certiorari as improvidently granted) because the plaintiff could not show under either test that the alleged harasser was her supervisor.