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Published on Jul 16
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At a time when all the cards seem stacked against employers, the Supreme Court recently announced two favorable rulings for employers. One ruling more clearly defines “supervisor” in Title VII discrimination cases (Title VII prohibits employment discrimination based on race, color, religion, sex and national origin), while the other places more responsibility on employees claiming retaliation under Title VII to prove a “but for” causation.
As reported by ChubbWorks, “A closely-divided Supreme Court handed employers much-needed guidance. Undoubtedly, had either decision gone the other way— allowing an expansive definition of “supervisor” or not requiring proof that retaliation was the sole motive for an adverse action—charges and claims would have increased, and an employer’s ability to defend itself would have been considerably weakened.”
ChubbWorks provides the following steps employers can take to help lower their workplace risk:
• “Have written anti-discrimination policies.
• Consistently enforce those policies.
• Train managers, supervisors, and employees on your policies.
• Make sure employees know to report, and how to report, discrimination or harassment they experience or observe.
• Have multiple available reporting avenues.
• Take every report seriously and investigate.
• Resolve reports of harassment and discrimination, taking care to prevent retaliation against the victim or those who participate in the investigation.”
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