Liability for allowing hostile work environment. (Farpella-Crosby v. Horizon Health Care - 97 F. 3d 803 - TX (1996))

CAN AN EMPLOYER BE HELD LIABLE FOR ALLOWING AN EMPLOYEE TO CREATE A HOSTILE WORK ENVIRONMENT? The answer may depend upon the facts of the particular case. In this unusual Texas case an employer was held liable for allowing a hostile work environment wherein sexual harassment existed. The Court predicated liability on whether the employer knew or should have known of the hostile work environment. The Court was confronted with the further issue of whether or not both compensatory and punitive damages were warranted.

DELORES FARPELLA-CROSBY WAS EMPLOYED BY HORIZON HEALTH CARE AT MOUNTAIN VIEW PLACE NURSING HOME IN JUNE OF 1993. The nurse worked as a treatment nurse and was charged with treating and monitoring the residents, decubitus ulcers and other skin-related afflictions. …