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Blurred Lines for Today’s Workplace: Employer Liability for Employee Conduct Outside of the Traditional Workplace

In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that their employees are protected from harassment, discrimination, and retaliation, no matter where the employees find themselves working.

To be sure, both federal and state laws cover conduct outside of the traditional workplace that violates fair employment practice laws. However, courts and legislatures often apply differing standards when determining if liability should attach to the employer if the conduct at issue occurred outside of the typical, brick-and-mortar workplace.

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