Is an employer liable when non-employees harass its personnel? The U.S. Court of Appeals for the Second Circuit recently addressed this question for the first time and adopted a standard for answering it. In Summa v. Hofstra University, 2013 WL 627710 (2d Cir. Feb. 21, 2013), the court considered the claims of a Hofstra University football team manager for sexual harassment committed by the team’s players. This significant decision has implications beyond the world of college sports and applies to harassing conduct by vendors, customers and other third parties.
The decision also serves as a reminder to employers that: (1) ensuring that employees do not engage in inappropriate conduct will not necessarily shield an employer from civil liability for harassment; and (2) preventing retaliation against an employee who complains about harassment may be as important as preventing harassment in the first place.
