The United States Supreme Court has not considered the issue of individual liability under Title VII for workplace sexual harassment. There is, however, almost complete consensus on this issue among the federal courts. Only the United States Circuit Court of Appeals for the First Circuit has refused explicitly to rule on the issue. Several district courts in the First Circuit allow supervisors to be sued in their individual capacities under Title VII. Other district courts, however, have rejected such lawsuits. This Note reviews the case law addressing the issue of individual liability of supervisors under Title VII, and concludes that Title VII imposes liability only on employers. Simply stated, supervisors cannot be sued as individuals under Title VII.
Scott J. Connolly, Individual Liability of Supervisors for Sexual Harrassment Under Title VII: Courts' Reliance on the Rules of Statutory Construction, 42 B.C.L. Rev. 421 (2001), http://lawdigitalcommons.bc.edu/bclr/vol42/iss2/5