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Employer Responsibilities › Employment Litigation › Sexual Assault

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

McGlinchey Stafford on

Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more

Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

Morgan Lewis on

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Phelps Dunbar

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

Phelps Dunbar on

The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC,...more

Shook, Hardy & Bacon L.L.P.

American Law Institute Endorses Novel Vicarious Liability Tort for Employee Sexual Assaults

Shook, Hardy & Bacon L.L.P. on

In a controversial decision, the American Law Institute (ALI) approved a novel “Special Rule on Vicarious Liability for Sexual Assault” that endorses a new strict liability tort claim against employers for certain sexual...more

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