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E
mployers don’t have crystal bal
l
s. Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but failed to take prompt and adequate remedial action. It’s otherwise known as respondeat superior lia
b
i
lity. The case involved a male plaintiff who claimed that a coworker harassed him because of his wife’s Filipina background and Doe’s perceived homosexuality. The lower court dismissed the plaintiff’s hostile work environment claim as lacking