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A Word to the Wise
The workplace. Where is it and what are its boundaries? Of course, it is a location, the place where an employee reports to work and performs services. It also clearly includes a place away from the work site where the employee is assigned to or where the employee performs services. Further, for the telecommuter, a home, or at least certain places in the home, may be considered a work site for purposes of employer liability. In sum, the law has traditionally defined the workplace by means of geography.
In a recent decision, Southern District Judge Marrero adopted, as he put it, a more 'holistic' approach to the question of the scope of the workplace for purposes of hostile environment analysis. Parrish v. Sollecito, 249 F. Supp.2d 342 (S.D.N.Y. 3/14/03). Judge Marrero's approach is worth a further look.
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