2nd Circ. Ruling Holds Key Lessons On Harassment Probes

Law360 (September 27, 2019, 5:00 PM EDT) -- There is a litany of famous men whose employment ended due to reports of harassment. Commentators have questioned whether those accused are receiving due process. Until now, that was a debate for op-ed pages, talk show panels and academics. 

Now, courtesy of the U.S. Court of Appeals for the Second Circuit's decision in Menaker v. Hofstra University,[1] there is a Title VII right for terminated harassers and a corollary problem for employers.

There is no due process right applicable to employees under Title VII of Civil Rights Act, but there is a right to be free from discrimination. And, discrimination is...

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