Summa V. Hofstra — A Cautionary Tale For Employers

Law360, New York (April 11, 2013, 11:56 AM EDT) -- After leaving the issue unaddressed for well over a decade, the Second Circuit has joined the majority of the other federal courts of appeals in holding that employers can be liable for the actions of nonemployees under Title VII. In Summa v. Hofstra University, et al., the Second Circuit adopted the majority rule that an employer is liable for its own negligence in responding to the harassment of its employee by a nonemployee.

Employers should take heart in this new standard. If they follow the lead...
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