marcia coyle is here with us tonight.f the case, vance v ball state university. >> first of all, this case involves title vii of the civil rights act, which as you know is our antidiscrimination law. under. the supervisors is imbued with the employer's authority. an employer can be held liable if a nonsupervisor employee harasses another employee. but it's tougher to prove. you have to shout employer knew or should have known about the harassment and failed to act. maida vance brought this lawsuit against ball state university. she's an african american woman working in the dining services division of the university, claimed she was harassed by a white coworker, was slapped on the head, blocked at the elevator, racial epithets were used such as "sambo" and "buckwheat" in her presence. she complained and finally brought her lawsuit against the university. she lost in the lower courts. the lower court, federal appellate court, said this coworker was not a supervisor, and took the definition that is probably the most restric