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Are Employers Liable in Tort for Employees’ Sexual Assaults?

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Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is acting within the course and scope of employment. And, of course, no employer “employs” someone for the purpose of sexually assaulting another. If courts adopt a new controversial provision of the Third Restatement of Torts, that answer may soon change – at least in some…
By: McGlinchey Stafford
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