Employment Litigation · Primary-source case analysis

Vance: Supervisor Status Turns on Tangible Employment-Action Authority

By Aneeta Mishra and Timothy Chan

Published May 23, 2026

Vance v. Ball State University involved a catering employee who alleged a racially hostile environment and argued that a coworker who directed some daily work qualified as a supervisor.

The liability path depended on status

Employer liability for coworker harassment generally turns on negligence, while harassment by a supervisor can trigger vicarious-liability rules.

Tangible-action authority supplied the definition

A supervisor must be empowered to cause a significant change in employment status, such as hiring, firing, promotion, demotion, reassignment, or a benefits decision.

Daily direction alone did not control

A person who assigns tasks without authority to take tangible employment actions remains a coworker for this framework, though that authority can matter to the negligence inquiry.

Summary judgment was affirmed

Because the alleged harasser lacked tangible-action authority and the employer was not negligent on the record, the Court affirmed judgment for the university.

Key takeaways

• Map who can hire, fire, promote, demote, reassign, or change benefits.
• Separate task direction from tangible-action authority.
• Analyze coworker negligence even when supervisor status fails.
• Preserve reporting, investigation, and corrective-action records.