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Vance v. Ball State University

Docket No.11-556
Op. Below7th Cir.
ArgumentNov 26, 2012
Vote5-4
AuthorSamuel Alito
OpinionJun 24, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Samuel Alito on Jun 24, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.

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.

Proceedings & orders timeline

Aug 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.
Aug 16, 2011
Application (11A192) granted by Justice Kagan extending the time to file until October 31, 2011.
Oct 31, 2011
Petition for a writ of certiorari filed. (Response due December 2, 2011)
Nov 15, 2011
Order extending time to file response to petition to and including January 3, 2012.
Dec 13, 2011
Order further extending time to file response to petition to and including January 17, 2012.
Jan 17, 2012
Brief of respondent Ball State University in opposition filed.
Jan 31, 2012
Reply of petitioner Maetta Vance filed.
Feb 1, 2012
DISTRIBUTED for Conference of February 17, 2012.
Feb 21, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 24, 2012
Brief amicus curiae of United States filed.
Jun 4, 2012
Supplemental brief of petitioner Maetta Vance filed.
Jun 5, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 25, 2012
Petition GRANTED.
Jul 17, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2012.
Jul 17, 2012
The time to file respondents' brief on the merits is extended to and including October 19, 2012.
Jul 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.
Aug 1, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 29, 2012
Joint appendix filed.
Aug 29, 2012
Brief of petitioner Maetta Vance filed.
Sep 5, 2012
Brief amicus curiae of United States in support of neither party filed.
Sep 5, 2012
Brief amici curiae of National Employment Lawyers Association and AARP filed.
Sep 5, 2012
Brief amici curiae of National Partnership for Women & Families, et al. filed.
Sep 14, 2012
SET FOR ARGUMENT ON Monday, November 26, 2012.
Sep 14, 2012
CIRCULATED
Sep 26, 2012
Record from U.S.C.A. for 7th Circuit is electronic.
Sep 26, 2012
The record from the U.S.D.C. for the Southern District of Alabama is electronic.
Oct 19, 2012
Brief of respondents Ball State University, et al. filed. (Distributed)
Oct 25, 2012
Brief amicus curiae of American Council on Education, et al. filed.
Oct 26, 2012
Brief amici curiae of Society for Human Resource Management, et al. filed. (Distributed)Oct 26, 2012
Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed)Oct 26, 2012
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)
Oct 26, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 26, 2012
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)Oct 26, 2012
Brief amicus curiae of New England Legal Foundation filed. (Distributed)Oct 26, 2012
Brief amicus curiae of National Retail Federation filed. (Distributed)
Nov 13, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13, 2012
Reply of petitioner Maetta Vance filed. (Distributed)Nov 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.
Jun 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.
Jul 26, 2013
JUDGMENT ISSUED.

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