search
cart
facebook twitter linkedin youtube instagram Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • TOPICS
    • Cool Roofing
    • Event News
    • Latinos in Roofing
    • Low Slope
    • Legal
    • Metal
    • Project Profiles
    • Roofing Supply Pro
    • Roofing Safety
    • Steep Slope
    • Sustainable Roofing
    • Technology
  • EXCLUSIVES
    • Best of Success
    • Contractor Profile
    • IRE Show
    • Roofing Contractor of the Year
      • Enter Roofing Contractor of the Year
    • Top 100
      • Enter the Top 100
    • Young Guns
    • State of the Industry
    • Century Club
  • MULTIMEDIA
    • Videos
    • Podcasts
    • Interactive Spotlights
    • Roofing Quizzes
    • IRE Videos
    • Webinars
    • Photo Galleries
  • PRODUCTS
    • New Products
    • Featured Products
  • COLUMNS
    • Editor's Note
    • Exit Planning
    • Legally Speaking
    • Safety Advice
    • Technical Details
    • Guest Column
  • EVENTS
    • International Roofing Expo
    • Webinars
    • Best of Success Conference
    • Industry Events
  • DIRECTORY
    • Associations
    • Distributors
    • Manufacturer/Supplier
    • Business Services
    • Get Listed
  • MORE
    • Roofing Contractor eNews
    • RC Store
    • Roofing Supply Pro
    • Custom Content & Marketing Services
    • Market Research
    • Sponsor Insights
    • Company Spotlights
    • Classifieds
      • Auctions
      • Business For Sale
      • Business Opportunities
      • Equipment For Sale
      • Positions Available
      • Products
      • Safety
      • Software
      • Services
      • Training
    • Contact Us
  • EMAGAZINE
    • eMagazine
    • Advertise
      • Media Kit
      • Editorial Calendar
      • Contact
    • Archive Issues
  • SIGN UP!
Columns

Legally Speaking

A Narrower Definition of Supervisor Provides Opportunities for Employers

A recent Supreme Court decision promises to provide more clarity in harassment cases.

By Richard Alaniz
legally speaking
legally speaking
legally speaking
legally speaking
October 4, 2013

On June 24, 2013, the United States Supreme Court narrowed the definition of who qualifies as a “supervisor” for the purposes of harassment cases. This holding is a significant win for employers and affords opportunities for employers to limit their liability when harassment claims are made.

Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment in the workplace. In a practical sense, workplace harassment is generated by an individual — whether a co-worker, supervisor, manager, etc. There must be someone engaging in harassing conduct in order for there to be workplace harassment. And under Title VII, the status of that person affects an employer’s liability.

This makes sense. After all, if an employee is harassed at the workplace by a fellow employee and no one else ever knows about it — no supervisor, manager or human resources personnel — the company will be in no position to take any action. For this reason, harassment promulgated by a co-worker has been judged under a general negligence standard. Only if the employer knew (or should have known) of the harassment and failed to take appropriate action can the employer be held liable. Such a rule is only fair.

However, when a supervisor is the one engaging in the harassment, courts have taken a different approach. In such a situation, courts have recognized that supervisors have considerably more leverage over employees than co-workers. A supervisor has the power to hire, fire, deny a promotion, reassign an employee’s duties and responsibilities, reduce or change an employee’s benefits, and generally change an employee’s employment status. Such power is provided to the supervisor by the employer, and, as such, courts have held that supervisor harassment ought to be held to a different standard than co-worker harassment. In fact, in some circumstances the company may be held strictly liable when a supervisor engages in harassment, regardless of whether the company was aware of the harassment.

As originally articulated, holding a supervisor to a higher standard only made sense. However, many courts, and notably the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing Title VII, adopted a significantly expanded definition of a supervisor, thus exposing employers to increased potential liability. The EEOC advocated a somewhat nebulous definition of supervisor that focused on the amount of control the individual had over the victim of harassment. Such a definition proved difficult to apply, created confusion and added unnecessary complexity to harassment cases. Most important to employers, it also transformed many individuals not traditionally thought of as supervisors into supervisors for liability purposes.

Fortunately, the recent Supreme Court decision significantly erased a good amount of this confusion by adopting a more straight forward and narrower definition of “supervisor” than that advanced by the EEOC. The Supreme Court held that a “supervisor” is one who has the power to take “tangible employment actions” against the victim. Tangible employment actions include:

  • The power to hire.
  • The power to fire.
  • The power to promote or not promote.
  • The power to reassign with significantly different responsibilities.
  • The power to significantly change an employee’s benefits.

In a nutshell, only if the person in question has the power to take tangible employment actions against the victim will that person be considered a supervisor for Title VII purposes. This new definition promises to provide far greater clarity in harassment cases. Employers should now be able to point to whether the alleged harasser could (or could not) hire, fire, promote, etc., and determine early in the case whether the negligence standard under co-worker harassment applies or whether the more stringent and difficult-to-defend standard of supervisor harassment is applicable.

This should provide for a more streamlined process and may help employers limit broad discovery requests and other costly tactics of plaintiffs’ attorneys.

What to Do Next

Employers should begin by reviewing the language in their job descriptions and examining how they classify employees. If an employee does not have the authority to make the types of tangible employment decisions the Supreme Court cited, his or her job description should make this clear. However, the Supreme Court noted that if the power to make such decisions is effectively delegated, so that a higher-up is simply rubber-stamping any decision, the employee actually making the decision may still be held to be a supervisor.

Often lead men and crew leaders are perceived as having such authority. If that is not the employer’s intent, their job descriptions should make that limitation clear. In general, employers should ensure that all job descriptions are clear and that only the employees best suited to wield the power to take tangible employment decisions actually have that power.

 Finally, employers should also ensure that those identified as supervisors receive appropriate supervisory training in discrimination, harassment, non-retaliation and other employment law topics. Likewise, the employer’s anti-harassment policy should be posted and otherwise clearly communicated to all employees on a regular basis. 

KEYWORDS: harassment human resources management

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Richardalaniz
Richard D. Alaniz is senior partner at Alaniz and Schraeder, a national labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over thirty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. He is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. For more information, call Alaniz at 281-833-2200.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • Roofing Contractor Group Publisher Jill Bloom

    Physics, the Power of Authenticity and You

    In February's Publisher's Note, Jill Bloom describes a...
    Columns
    By: Jill Bloom
  • The Family Food Fare supermarket in Midland, Mich.

    ‘Rooftop Ninja’ Discovered Living on Roof, Inside Grocery Sign

    A bizarre tale out of Midland, Mich.: a woman dubbed the...
    Roofing News
    By: Bryan Gottlieb
  • A before and after heat measurement comparison

    How Hot is Too Hot in the Attic?

    If the ventilation is working, how hot should the attic...
    Columns
    By: Paul Scelsi
You must login or register in order to post a comment.

Report Abusive Comment

Subscribe For Free!
  • eMagazine Subscription
  • Sign Up for the eNewsletter
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Roofing Contractor audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Roofing Contractor or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Snow Guard Solutions for Metal Roofs by S-5!
    Sponsored byS-5!

    Safeguard Your Building: How Snow Guards Prevent Costly Roof & Property Damage

  • A hand holding a wooden block that reads 'EVOLVE'
    Sponsored byWatercress Financial

    Embracing Change: A New Era for the Roofing Industry

Popular Stories

QXO closed its acquisition of Beacon Building Supply on April 29, 2025.

QXO Closes Beacon Acquisition, Rebrands Immediately; Jacobs to Ring NYSE Bell

New executive orders signed by President Trump will likely further constrict an already tight labor market for the construction industry.

New Executive Orders Will Further Squeeze Labor Force

President Trump’s trade war is causing real harm to the construction sector, including roofing contractors.

Trade War Fallout: Contractors Are Delaying Projects and Cutting Crews

Roofing Contractor Webinar

Events

May 22, 2025

Remote Teams 101: The New Way to Hire

Our industry experts will guide you through what remote hiring and outsourcing should look like, how it can help you grow, and why it’s easier (and less scary) than you might think. If you want to save time, find great talent, and grow your business, this is one session you don’t want to miss!

December 3, 2025

The Premier Roofing Conference: Best of Success

Join roofing professionals from across the nation at the 2025 Best of Success conference, the ultimate destination for roofing professionals seeking the latest industry insights and networking opportunities. Pick up strategies for critical challenges like workforce shortage with innovative solutions, explore the latest advancements in roofing technology and sustainable practices, and gain valuable insights from industry leaders on navigating the evolving roofing landscape.

View All Submit An Event

Related Articles

  • Legally Speaking

    Legally Speaking: Employers Are Paying the Penalty for Wage and Hour Violations

    See More
  • roofing apps

    Big Changes Ahead for Joint Employers and Independent Contractors

    See More
  • legal

    Employers Should Prepare for More OHSA Whistleblower Investigations

    See More
×

Be in the forefront of the roofing industry!

Join thousands of professionals today. Shouldn’t you know what they know?

JOIN NOW!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing