EEOC Back UPenn Worker’s Appeal Over Third-Party Harassment Test

The EEOC, registering its support for a sex harassment suit against the University of Pennsylvania, has told a US appeals court it should clarify that negligence is the test for employer liability when the perpetrator is said to be a student, customer, patient or some other third party.

Its filing Friday at the US Court of Appeals for the Third Circuit backs a teaching assistant’s bid to revive her lawsuit over the school’s response her claim she was harassed by a student.

Every circuit that’s addressed the issue has held employers that know or should know about and fail to ...