By-Stander Sexual Harassment Recognized

Originally appeared in Labor and Employment Newsletter - February 2002

Recently, in Leibowitz v. New York City Transit Authority, 252 F.3d 179 (2d Cir. 2001), the Court of Appeals for the Second Circuit addressed whether an employee may sue her employer for a hostile work environment created by the sexual harassment of the employee’s co-workers by a fellow supervisor. The court held that the employee did have standing to sue, despite the fact that the injury alleged was only an indirect result of the harassment of others. However, the court held in favor of the Transit Authority in finding that the plaintiff - who was not the target of the alleged harassment, was not present when the harassment allegedly occurred and was not aware of the harassment - failed to prove that an environment existed at work that was hostile to her because of her sex.