Addressing an issue that is unresolved by the U.S. Court of Appeals for the Third Circuit, a federal judge has ruled that a transportation company can be held liable for failing to stop an employee from being repeatedly harassed by a non-employee.

U.S. District Judge Jan DuBois of the Eastern District of Pennsylvania trimmed several claims from the case Hewitt v. BS Transportation, but allowed plaintiff Carl Hewitt to proceed on a sexual discrimination charge stemming from allegations that his employer failed to address reports that a non-employee with whom he had regular contact at work was sexually harassing him.