David v. Smithkline Beecham Clinical Laboratories, Inc.

120 F.3d 1199, 1997 U.S. App. LEXIS 22845, 1997 WL 471360

Opinions

PER CURIAM:

With respect to the summary judgment in favor of SmithKline, we assume arguendo, but need not decide, that an employer may be liable under some circumstances in a case involving harassment of an employee, not by the employer or its employees, but by a third person. However, we conclude on this record that SmithKline’s response to plaintiff’s reports of harassment was reasonable in light of the options available to SmithKline.¹

The judgment of the district court is affirmed.

AFFIRMED.

1

. Plaintiff's other arguments on appeal are without merit and warrant no discussion.