Vance v. Ball State University
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-556 | 7th Cir. | Nov 26, 2012 | Jun 24, 2013 | 5-4 | Alito | OT 2012 |
Holding: An employee is a "supervisor" for purposes of vicarious liability under Title VII of the Civil Rights Act only if he is empowered by the employer to take tangible employment actions against the victim.
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.
SCOTUSblog Coverage
- Details: Vance v. Ball State University (Kevin Russell, June 24, 2013)
- The "view" from the Court: June 24, 2013 (Mark Walsh, June 24, 2013)
- Court rules for employers in two employment discrimination cases (Kevin Russell, June 24, 2013)
- Argument recap: Salvaging a lost cause? (Lyle Denniston, November 26, 2012)
- Argument preview: Who is a supervisor? (Lyle Denniston, November 21, 2012)
| Date | Proceedings and Orders |
|---|---|
| 08/10/2011 | Application (11A192) to extend the time to file a petition for a writ of certiorari from September 1, 2011 to October 31, 2011, submitted to Justice Kagan. |
| 08/16/2011 | Application (11A192) granted by Justice Kagan extending the time to file until October 31, 2011. |
| 10/31/2011 | Petition for a writ of certiorari filed. (Response due December 2, 2011) |
| 11/15/2011 | Order extending time to file response to petition to and including January 3, 2012. |
| 12/13/2011 | Order further extending time to file response to petition to and including January 17, 2012. |
| 01/17/2012 | Brief of respondent Ball State University in opposition filed. |
| 01/31/2012 | Reply of petitioner Maetta Vance filed. |
| 02/01/2012 | DISTRIBUTED for Conference of February 17, 2012. |
| 02/21/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/24/2012 | Brief amicus curiae of United States filed. |
| 06/04/2012 | Supplemental brief of petitioner Maetta Vance filed. |
| 06/05/2012 | DISTRIBUTED for Conference of June 21, 2012. |
| 06/25/2012 | Petition GRANTED. |
| 07/17/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2012. |
| 07/17/2012 | The time to file respondents' brief on the merits is extended to and including October 19, 2012. |
| 07/26/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/01/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/29/2012 | Joint appendix filed. |
| 08/29/2012 | Brief of petitioner Maetta Vance filed. |
| 09/05/2012 | Brief amicus curiae of United States in support of neither party filed. |
| 09/05/2012 | Brief amici curiae of National Employment Lawyers Association and AARP filed. |
| 09/05/2012 | Brief amici curiae of National Partnership for Women & Families, et al. filed. |
| 09/14/2012 | SET FOR ARGUMENT ON Monday, November 26, 2012. |
| 09/14/2012 | CIRCULATED |
| 09/26/2012 | Record from U.S.C.A. for 7th Circuit is electronic. |
| 09/26/2012 | The record from the U.S.D.C. for the Southern District of Alabama is electronic. |
| 10/19/2012 | Brief of respondents Ball State University, et al. filed. (Distributed) |
| 10/25/2012 | Brief amicus curiae of American Council on Education, et al. filed. |
| 10/26/2012 | Brief amici curiae of Society for Human Resource Management, et al. filed. (Distributed) |
| 10/26/2012 | Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed) |
| 10/26/2012 | Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed) |
| 10/26/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/26/2012 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| 10/26/2012 | Brief amicus curiae of New England Legal Foundation filed. (Distributed) |
| 10/26/2012 | Brief amicus curiae of National Retail Federation filed. (Distributed) |
| 11/13/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/13/2012 | Reply of petitioner Maetta Vance filed. (Distributed) |
| 11/26/2012 | Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For United States, as amicus curiae: Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Gregory G. Garre, Washington, D. C. |
| 06/24/2013 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. |
| 07/26/2013 | JUDGMENT ISSUED. |
Holding: An employee is a “supervisor” for purposes of vicarious liability under Title VII of the Civil Rights Act only if he is empowered by the employer to take tangible employment actions against the victim.
Judgment:”Affirmed, 5-4, in an opinion by Justice Alito on June 24, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.