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Third Circuit Seems Open to ‘Proxy’ Liability for Sex Harassment

June 22, 2022, 9:26 PM

The Third Circuit Wednesday seemingly signaled its willingness to join other federal appeals court in establishing a rule that an employer can be automatically liable for sexual harassment when the harasser holds a job in the upper reaches of the organization.

But that rule may have to wait for a different case in light of how the US Court of Appeals for the Third Circuit panel appears set to interpret the verdict sheet that rejected the hostile work environment claim in this case.

Marnie O’Brien has the backing of the Equal Employment Opportunity Commission in her appeal seeking a new ...