ABA Journal


U.S. Supreme Court

SCOTUS rules for employers in bias and retaliation cases; Ginsburg says ball is in Congress’ court

Jun 24, 2013, 05:10 pm CDT


Heh. As though Congress has any. Ever.

By B. McLeod on 2013 06 25, 6:07 am CDT

This decision totally ignores business realities.

In corporations large and small very few people have the power to hire and fire. Those decisions are made by hurman resources departments or very highly placed officers in the company. Even department heads with hundreds of subordinates can only make recommendations. Ironically those who do have the power to hire and fire have little or no supervisory control over the employees affected by their decisions.

This decision essentially renders corporations invulnerable to suits based on the actions of most of their supervisors.

By W.R.T. on 2013 06 25, 2:52 pm CDT

Why on earth the focus on Justice Ginsburg here? Isn't it interesting that, whenever the Court reaches a "liberal" result supported by the "liberal" justices, the ABA (rightly) first covers what the majority opinion held, and then maybe includes a few lines about the dissent's position, whereas when the Court reaches a "conservative" result, the ABA article leads with what the dissent has to say about it. Purely coincidental, I'm sure...

By Just Some Bloke on 2013 06 26, 10:41 pm CDT

Oh, and on the merits, W.R.T., the benefit of this decision is that it draws a bright line and creates greater certainty in employment litigation. That is a *good* thing, well, for everyone except lawyers I guess. Also, your statement that "This decision essentially renders corporations invulnerable to suits based on the actions of most of their supervisors" is simply wrong. There is still a cause of action under Title VII for, e.g., sexual harassment, just as before. The only difference is that employees who perceive themselves as being harassed by a non-supervisor must first report the alleged harassment to the company and give it an opportunity to remedy the matter before rushing off to court. Again, this is a *good* thing for everyone, except lawyers.

By Just Some Bloke on 2013 06 26, 10:45 pm CDT

Just Some Bloke, the other title VII ruling comes into play here: the employer is protected from retaliation suits as well.

By DT on 2013 06 28, 3:45 pm CDT

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