High Court To Decide Who Counts As A Supervisor

When does your co-worker also count as your supervisor? The Supreme Court may make a final decision on whether to draw a legal line between work colleagues and work managers, at least when it comes to harassment and retaliation claims.

At issue during oral arguments Monday was a decision by the 7th U.S. Circuit Court of Appeals, which declared that only a person with the ability to fire or hire employees can be considered a supervisor, regardless of the person’s other duties. But other federal appeals courts — and the Equal Employment Opportunity Commission — have a broader test, saying a person can be a supervisor if they have the authority to direct daily work activities and can undertake or recommend “tangible employment decision affecting employees.”
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