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In its current posture this case is not of much consequence unless the issue comes up through another Circuit as well.
Unless Roberts is engineering a way to get it up to his court for a do-over, Iless.
That’s what it looks like to me.
BTW, I don’t know the totality of the case about who is a supervisor, but the definition of supervisor used by the lower court would never fly in the jobs I held.
At the large telecomm borg, my manager could recommend my firing, but he or she could not outright fire me. Removing someone from the borg required higher levels than mere district, even division managers.
A manager could not “hire” a person into the borg. Once within the borg, a manager could decide whether to accept a person into a job opening in his or her area. But that manager had to be at least at least three levels up.
It was a definition designed to make it almost impossible for an employee to bring suit.