Michelle Moody v. Atlantic City Board of Educati

Four years ago in Vance v. Ball State University, — U.S. -, 133 S.Ct. 2434, 186 L.Ed.2d 565 (2013), the' Supreme Court set forth a clear and straightforward test for determining whether an employee ought to be considered a “supervisor” for purposes of the employer’s vicarious liability for sexual harassment in the workplace under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). The Majority’s decision to deem Marshall a “supervisor” and allow Moody’s hostile work environment claim to move forward totally ignores, and is inconsistent with, this recent pronouncement. For…