United States Third Circuit

Vacated a summary judgment for defendant (a county) and remanded in a case where plaintiff sued defendants for sexual harassment and the trial court granted defendant summary judgment on the issue of vicarious liability by finding that it had established the elements for a Faragher-Ellerth affirmative defense as a matter of law. The Third Circuit disagreed stating that Faragher-Ellerth requires a determination of reasonable care and reasonable action which should be decided by a jury.

Appellate Information

• Published 2018/07/03

Judges

• Rendell

Court

• United States Third Circuit

Counsel