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Beware! Off-duty harassment may still be your problem

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in Discrimination and Harassment,Human Resources

Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable. For example, employers are unlikely to avoid responsibility if the off-site harasser is the victim’s supervisor.

The less connection there is to the workplace, the more likely the employer won’t be liable. That’s why the employer won the following case.

Recent case: Tina quit her job as a teacher, claiming she had no choice because a student who had sexually harassed her in her neighborhood went to school where she worked. She then sued, alleging that the school district was responsible for the harassment.

The court disagreed. It said the connection between work and the alleged harassment was too tenuous to hold the school responsible. (Andersen v. Rochester City School District, No. 11-1955, 2nd Cir., 2012)

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