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Agency not liable for sexual assault, may be sued for negligence

Agency not liable for sexual assault, may be sued for negligence

Agency not liable for sexual assault, may be sued for negligence

A federal District Court in West Virginia has ruled that a nonprofit agency that provides housing for recovering substance abusers is not liable for sexual harassment and abuse allegedly committed by one of its employees, but may be sued for negligent hiring, supervision and retention. Several female clients sued Oxford House for alleged sexual harassment by one of its employees at a residential facility. The Court concluded that the agency could not be vicariously liable for the intentional wrong of its employee that did not “fall within the scope of his employment” and granted summary judgment for the agency. But the Court refused to do so on the claim of negligent hiring. The agency had...

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