Is your pending discrimination case “frivolous” litigation Many racial discrimination and sexual harassment lawsuits could be thrown out as such next year, depending how the U.S. Supreme Court decides to clarify its definition of “supervisor” and “coworker.”
Justices recently held an hour-long oral argument to discuss whether a person without the ability to hire or discipline employees can qualify as a supervisor in racial, sexual and religious discrimination cases. An employer automatically assumes liability if a supervisor is accused of harassment; when a coworker is accused, the victim must prove neglect on the part of the employer to extend liability.