April 22, 2021

Volume XI, Number 112

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More on Sexual Harassment: Minarsky v. Susquehanna County

As we have predicted, in the wake of revelations of unbridled, systemic abuse, sexual harassment cases are going to be easier to bring and easier to prove.   One example is the reasoning in Minarsky v. Susquehanna County, 895 F.3d 303 (3rd Cir. 2018).  There, the Court of Appeals vacated the trial court’s grant of summary judgment in favor of the employer – which would have robbed Ms. Minarsky of her right to a jury trial.  The Court of Appeals held that it was a jury to decide, among other things, whether the employer’s exercised reasonable care to prevent unlawful harassment, especially given that Ms. Minarsky was required to work alone with the alleged harasser every Friday; whether, under the circumstances, Ms. Minarsky’s delay in reporting the harassment was unreasonable – going so far as to hold that a failure to report at all is not per seunreasonable;  and the impact of “prolonged, agonizing harassment” on the reasonableness of Ms. Minarsky’s efforts to manage the situation on her own.

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© 2021 SHERIN AND LODGEN LLPNational Law Review, Volume VIII, Number 234
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About this Author

Brian J MacDonough, Employment Law, Sherin and Lodgen Law Firm
Partner

Brian J. MacDonough concentrates his practice in employment law and executive advocacy. He handles a wide range of matters, including contract negotiation and enforcement, discrimination, whistleblowing, wage and hour issues, and wrongful termination. In particular, Brian counsels and represents executives and professionals regarding sophisticated employment and compensation matters, including employment agreements, change of control agreements, equity and deferred compensation vehicles, non-competition and other restrictive covenants, severance /separation terms, and...

617.646.2286
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