Employer Faces Trial For Failing to Prevent Employee's Sexual Overtures to Fellow Employee

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Workplace romances are not unusual. But when do an employee's romantic overtures to another employee cross the line and become sexual harassment? Under what circumstances can an employer be held liable for failing to prevent unwelcome advances by one of its employees? The United States Court of Appeal for the Ninth Circuit confronted these issues in a recent decision, Equal Employment Opportunity Commission v. Prospect Airport Services, Inc. The appellate court's opinion shows that an employer can face liability if it fails to stop sexual propositions that an employee finds offensive, even if most employees would not be bothered by them.

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