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vicarious liability

ID
1214

Anania v. Daubenspeck Chiropractic (Ohio Ct. App. 1998)

Two former employees of the defendant were subjected to repeated instances of sexual harassment by the clinic’s patients. The employees alleged that they complained to the defendant about the conduct, but he failed to take any corrective action. They filed suit in the Clark County Court of Common Pleas alleging sexual harassment. The court granted summary judgment in favor of the defendant, holding that Ohio law did not recognize such a claim based on the conduct of non-employees. In Anania v. Daubenspeck Chiropractic, 129 Ohio App.

B. v. King of the King Group Limited

The Plaintiff worked as a cashier at King Palace Chinese Restaurant, which was operated by King of the King Group Limited (“Defendant”). The Plaintiff alleged that she was sexually assaulted by Mr. Leung, an employee of the Defendant, who made a sexual remark to the Plaintiff and also touched the Plaintiff’s chest. Immediately after the incident, the Plaintiff reported it to her direct supervisor, who promised to follow up on the incident, but did not do so.

Brown v. Moore

The respondent was a married aboriginal woman employed at the The Black Community Housing Service as a bookkeeper since 1985 and later as an Administrator until her resignation in August 1992. The first appellant became the director of the Housing Service in December 1990, and the second appellant was the employer, The Black Community Housing Service. The respondent started receiving calls from the appellant where he expressed his love to her and made inappropriate sexual remarks.

EEOC v. New Breed Logistics

The plaintiff-appellant, the Equal Employment Opportunity Commission, initiated sexual harassment and retaliation claims under Title VII against New Breed Logistics, the defendant, on behalf of three employees. The plaintiff alleged that Calhoun, a supervisor at New Breed sexually harassed three female employees and then retaliated against the women after they complained. The plaintiff further alleged that Calhoun retaliated against a male employee who verbally objected to Calhoun’s harassment of the women.

Gaines v. Bellino (N.J. 2002)

In Gaines v. Bellino, 173 N.J. 301, 801 A.2d 322 (2002), the plaintiff, a county corrections officer working the midnight shift, alleged that a coworker kissed her without consent and subsequently harassed her by making repeated references to the incident and threatening remarks about rape. Although the plaintiff reported the conduct to her superiors, no action was taken for nearly two years. When the warden eventually met with her, she declined to file a formal complaint due to fear of retaliation.

Mashita Katakwe v. Hakasenke

Rosaria, a thirteen-year-old schoolgirl, was raped by defendant teacher, and consequently contracted a venereal disease. The rape occurred in the defendant's home, which Rosaria entered with the intent of picking up some past school papers that the defendant had failed to bring to school on multiple occasions.

Mathis v. Wayne County Board of Education

The plaintiff-appellants’ sons were members of their middle school basketball team who were victims of sexual harassment by their teammates. The harassment ranged from arguably innocent locker room pranks to sexual violence. The plaintiffs sued the Wayne County Board of Education, alleging that the school board was deliberately indifferent to student-on-student sexual harassment in violation of Title IX of the Civil Rights Act. The District Court denied the defendant’s motion for judgment as a matter of law and awarded the plaintiffs $100,000 each in damages.

Mount Isa Mines, Ltd. v. Hopper

The respondent was employed as an apprentice by the first appellant, the second appellant was her supervisor, and the third, fourth, and fifth appellants were her co-apprentices. Over the course of the respondent’s employment with the first appellant, she was subject to unlawful discrimination and sexual harassment by the third, fourth, and fifth appellants (among others).

Vitality Works Australia Pty Ltd v. Yelda (No 2), Court of Appeal, Supreme Court of New South Wales (2021)

The respondent alleged that she had been sexually harassed in her workplace. The complaint related to the display of a poster as part of a work health and safety campaign showing a photograph of the respondent over which the caption had been written 'Feel great - lubricate'. While the respondent had consented to the use of her photo in the poster, she had not been informed about the caption. The NSW Court of Appeal upheld the finding of sexual harassment.

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