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One to Keep An Eye On: Fair Employment Protection Act of 2016


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


On June 23, Wisconsin Senator Tammy Baldwin introduced the Fair Employment Protection Act of 2016 ("FEPA") which would amend Title VII of the Civil Rights Act of 1964.  This legislation is in response to the Untied States Supreme Court's ruling in Vance v. Ball State University.  That case held that an employee is a "supervisor", for purposes of vicarious liability under Title VII, only if he/she is empowered by the employer to take tangible employment actions against the victim.  FEPA seeks to expand the definition of "supervisor" to include those individuals that have authority to take tangible employment actions or employees with the authority to control their subordinates' daily work.

Some might remember that a version of this bill failed to pass back in 2014.  I have my doubts that it will become law this time (especially since Democrats do not have control of Congress)...but depending the outcome of the election, this bill could become a reality in the coming years.



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