In Huston v. The Proctor and Gamble Paper Products Corp., the United States Court of Appeals for the Third Circuit agreed that the employer should not be held liable for the sexually hostile work environment created by some of its workers because it acted promptly in investigating the allegations of harassment once plaintiff reported the harassment to management and thereafter issued appropriate discipline to those involved. The Court rejected Plaintiff’s argument that the employer knew or should have know of the sexually hostile environment sooner since several workers observed the harassment, holding that an employer is deemed to have knowledge of harassment only when management-level employees are made aware of the harassment. A copy of the decision can be read here.

If you would like additional information or guidance on hostile work environment claims or how to handle and respond to complaints of harassment please  contact Eric W. Gunderson.