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Vicarious Liability Sexual Harassment Sexual Assault

Shook, Hardy & Bacon L.L.P.

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

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

Clark Hill PLC

Michigan Supreme Court: No Vicarious-Liability Cause of Action for Student-on-Student Sexual Harassment Under ELCRA

Clark Hill PLC on

On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

Littler on

Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Wiley Rein LLP

Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision

Wiley Rein LLP on

The New York Appellate Division has held that a lawsuit against a children’s non-profit organization alleging negligent supervision of staff accused of sexually molesting children in the organization’s care was excluded from...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

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