OU Women's Alit Top

An Employer's vicarious liability for an employee's sexual misconduct

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Sep 1, 2014
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In accordance with halakhah, institutions such as yeshivot, synagogues and youth organizations are to establish a safe working place by drafting and implementing policies regarding hiring,supervising and training employees concerning sexual misconduct and retention of employees who are child predators. At the same time the halakhot of hoshen mishpat do not recognize the notion of institutional liability should abuse transpire where an institution had accepted and implemented these policies. Nonetheless, as we show , Halakhah does recognize an employer's vicarious liability for abuse based upon minhag or dina de-malkhuta dina, namely New York City law. To see how to move forward regarding this matter, please read the end of the essay.

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