Ball State University Banquet Summary

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Petitioner Maetta Vance was the only African-American woman who was employed with the Ball State University Banquet (BSU) and Catering Division of University Dining Services in 1989 as a substitute server. Sometime before 2001, Vance filed written complaints to the University and charges with the Equal Employment Opportunity Commission against her fellow co-worker Saundra Davis, who is white, called her “Sambo” and “Buckwheat” after engaging in and racial oral altercation which escalated to a physical domestic dispute. Vance notified the University’s Compliance Office, the office immediately assigned Vance’s department manager Bill Kimes to the case. The University promptly and thoroughly investigated the allegations and issued Davis and McVicker a written warning. Vance felt life threaten in her workplace, but after the investigation was concluded the University found no evidence to determine racial discrimination. Vance filed a lawsuit against, respondent Ball State …show more content…
(Oyez, n.d.)

The district court granted the summary judgment. The Seventh Circuit granted certiorari and affirmed; ruled in favor of BSU because the investigation did not determine enough evidence to prove Vance was working is a hostile work environment. Ball State University could not be held vicariously liable for Davis’s behavior.

No. Justice Samuel Alito delivered the opinion for the Supreme Court. “The Court held that, for the purposes of liability for workplace harassment under Title VII, the definition of a "supervisor" is limited to a person empowered to take tangible employment action against the victim” (Oyez, n.d.). Although Davis was not Vance superior under the Title VII she did not have the management authority to hire, demote, promote, transfer, or discipline Vance or no other