12.8.1 Failure to Discipline as Aiding and Abetting.

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12.8.1 Failure to Discipline as Aiding and Abetting. The question arises as to whether a claim of aiding and abetting can be based on a mere omission¾such as failure to discipline an employee for unlawful conduct¾as opposed to an affirmative act. In EEOC v. GLC Restaurants, Inc.,156 the court granted summary judgment in favor of a supervisor on a claim of aiding and abetting a subordinate’s assault and battery of female coworkers, where the supervisor allegedly failed to respond to complaints of sexual...

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