Commercial Litigation and Arbitration

Is Harassing Conduct That Occurs Outside the Workplace Admissible to Prove a Hostile Work Environment under Title VII? — Circuit Split

Griggs v. SEPTA, 2016 U.S. Dist. LEXIS 98498 (E.D. Pa. July 28, 2016):

21   Among other issues, the Court would appreciate briefing on the issue of whether allegedly harassing conduct that occurs outside the workplace (such as Diggs's alleged harassment of Plaintiff in her home) is admissible to prove [*28]  hostile work environment harassment under Title VII. There is a circuit split on this issue and the Third Circuit does not appear to have definitively weighed in. See Alisha A. Patterson, None of Your Business: Barring Evidence of Non-Workplace Harassment for Title VII Hostile Environment Claims, 10 U. Cal. Davis Bus. L.J. 237, 252 (2010).

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