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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)

Citation
Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Parent Document
Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Effective Date
2018-08-27

Other Sections in This Document (38)

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We need not address St. Andrew's arguments about vicarious liability, because it is irrelevant here to the management defendants' possible liability. (The Supreme *865Court has held already that the Act imposes vicarious liability on a corporation, but not upon its officers or owners. See Meyer v. Holley , 537 U.S. 280, 285-86, 123 S.Ct. 824, 154 L.Ed.2d 753 (2003).) The management defendants' liability, if any after a full trial, would be direct-the result of standing pat as Wetzel reported the barrage of harassment. Because liability is direct, "it makes no difference whether the person whose acts are complained of is an employee, an independent contractor, or for that matter a customer.... The genesis of inequality matters not; what does matter is how the employer handles the problem." Dunn , 429 F.3d at 691. A school district's liability under Title IX is the same. Davis , 526 U.S. at 640-43, 119 S.Ct. 1661.