Under Title VII of the Civil Rights Act, Employers may be liable for sexual harassment created by non-employees. Examples include: (1) Sexual Harassment of a food service worker by customers. Lockard v. Pizza Hut, Inc., 162 F.3d 1062 (10th Cir. 1998); (2) Sexual assault of a psychologist by a mental hospital patient. Turnbull v. Topeka State Hospital, 255 F3d 1238 (10th Cir. 2001); (3) And, Sexual Harassment of correctional officers by inmates. Beckford v. Department of Corrections, 605 F.3d 951, 957-959 (11th Cir. 2010). To establish employer liability, an employee must prove that non-employees have cause a sexually abusive hostile work environment, the employer knew, or should have known, about it, and the employer failed to take reasonable measures to curtail the sexual harassment. Wilbur Smith, PC is currently litigating a case where deputy sheriffs allege that their employer has failed to take reasonable measures to curtail sexual harassment by inmates.
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