Synopsis of article:
The Massachusetts Appeals Court recently expanded the risk to general contractors for harassment or other hostile work environments that they might create for subcontractor employees.
The O’Connor decision extends liability on construction jobsites to subcontractors employees who experience a hostile work environment if the general contractor or its employees created and had notice of the hostile work environment.
The court left open the question of whether a general contractor would be found liable if it was not aware of its superintendent’s behavior, but strongly suggested that the contractor would not be liable in that situation.
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