Filter By Service Area
Filter By Title
Filter By Office

Resources

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.

Court Narrows Employer Liability for Third-Party Harassment

The University of Pennsylvania won summary judgment in a female teaching assistant’s suit over sexual harassment by a male student, in part due to constraints on an employer’s liability for third-party conduct.

While plaintiff Sophia O’Neill had evidence the student harassed her based on sex, she failed to show the university intended it or was substantially certain it would occur, according to the US District Court for the Eastern District of Pennsylvania in its Oct. 31 opinion.

The ruling embraced the recently declared view of the Sixth Circuit, which broke ranks with the First, Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits in rejecting a test under which employers can be liable for sexual harassment of an employee by a nonemployee if they “knew or should have known” about the abuse. Bivens v. Zep. Inc., No. 24-2109 (6 Cir. 8/8/25), 147 F.4th 635 (The issue appears not to have been decided by the Fifth Circuit).

Some courts had based their rulings on nonbinding Equal Employment Opportunity Commission guidance that the EEOC likely lacked the authority to issue, the court said.

The proper test, based on the agency-law principles that Congress implemented through Title VII of the 1964 Civil Rights Act, is to require evidence an employer intended for third-party harassment to occur or at least was substantially sure it would, said the court.

The case is O’Neill v. Trustees of the University of Pennsylvania, No. 25-1129 (E.D. Pa. 10/31/25), 2025 WL 3047884.

Employers should obtain legal assistance with any questions regarding potential liability for actions of non-employees under Title VII.