Recently, a U.S. Appellate Court in Pennsylvania issued what is likely the most important employment law case this year. The case, which had some pretty heinous harassment by a supervisor, is probably the first case of significance to directly address some of the issues brought to light by the #MeToo movement.
The impact of this case is likely to be felt in many discrimination cases, not just sexual harassment cases. I will be doing some follow up on this case and what lessons employers should learn from the case. While the case applies specifically in Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, the reasoning and in particular footnote 12, are going to be regularly cited going forward in all similar cases in the U.S.
Here is my quick take and a reading of Footnote 12.