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Focus (Forum & Focus)

May 18, 2007

Ever Stricter Liability

Employment Column - By Polina Friedland Bernstein - Can an employer be strictly liable for sexual harassment committed by a supervisor if it happened away from work during an unauthorized activity? Can the supervisor’s intelligence and maturity determine whether his employer risks punitive damages? The surprising answer is yes.

EMPLOYMENT COLUMN

By Polina Friedland Bernstein

     
      Can an employer be strictly liable for sexual harassment committed by a supervisor if the harassment occurred outside of the employer's premises and while the supervisor and victim were engaged in an activity not authorized by the employer? Can a supervisor's intelligence and maturity determine whether an employer may be liable for punitive...

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