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Employer Found Liable for Harassment By Client

By Kevin C. McCormick

In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.

Other circuits, including the Seventh, Ninth and Tenth U.S. Circuit Courts of Appeal, have held that an employer can be liable if it took no steps to protect its employees and if it had actual or constructive knowledge of the alleged misconduct. Upon careful review of the facts and the law, the Fourth Circuit decided that such an approach was appropriate. This article takes a closer look at this important decision.

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