This Note examines the competing rationales for and against individual supervisor liability under Title VII, and concludes that supervisor liability is the better reasoned view. It explains how courts construe the term "employer" to either allow or disallow direct supervisor liability. It discusses the rationales for and against individual supervisor liability. It concludes that individual supervisor liability is the better reasoned view, on construction, policy and comparative grounds, and proposes joint and several liability for supervisors and employers in all Title VII cases, which will clarify when respondeat superior liability is appropriate under Title VII. This proposal will deter Title VII violations, remedy plaintiffs appropriately and protect employers from undue vicarious liability.
Ming K. Ayvas,
The Circuit Split on Title VII Personal Supervisor Liability,
23 Fordham Urb. L.J. 797
Available at: https://ir.lawnet.fordham.edu/ulj/vol23/iss3/9