What is the reasonable person standard in the context of sexual harassment claims?
MultiRegion, United States of America
The following excerpt is from Erhart v. Bofi Holding, Inc., Case No. 15-cv-02287-BAS-NLS, c/w 15-cv-02353-BAS-NLS (S.D. Cal. 2020):
This reasonable person standard recognizes that "[m]any employees are unlikely to be trained to recognize legally actionable conduct by their employers." Nielsen v. AECOM Tech. Corp., 762 F.3d 214, 221 (2d Cir. 2014). Accordingly, "the inquiry into whether an employee had a reasonable belief is necessarily fact-
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