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Third Circuit Clarifies the Definition of a 'Management- Level' Employee
The Third Circuit has clarified the definition of a “management-level” employee for the purpose of imputing liability to employers under Title VII in a manner favorable to employers. Huston v. Procter & Gamble, No. 07-2799 (3rd Cir. June 9, 2009).
The court held that an employee's knowledge of allegations of co-worker sexual harassment may be imputed to the employer in two circumstances: 1) where the employee is sufficiently senior in the employer's governing hierarchy, or otherwise in a position of administrative responsibility over employees under him, such as a departmental or plant manager, so that such knowledge is important to the employee's general managerial duties; and 2) where the employee is specifically employed to deal with sexual harassment, as in the case of human resources personnel.
Third Circuit Clarifies the Definition of a 'Management- Level' Employee
The Third Circuit has clarified the definition of a “management-level” employee for the purpose of imputing liability to employers under Title VII in a manner favorable to employers. Huston v.
The court held that an employee's knowledge of allegations of co-worker sexual harassment may be imputed to the employer in two circumstances: 1) where the employee is sufficiently senior in the employer's governing hierarchy, or otherwise in a position of administrative responsibility over employees under him, such as a departmental or plant manager, so that such knowledge is important to the employee's general managerial duties; and 2) where the employee is specifically employed to deal with sexual harassment, as in the case of human resources personnel.
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