On October 31, 2025, a federal district court ruled that the University of Pennsylvania could not be held liable for harassing behavior by a student toward a research associate. The case sheds light on an evolving standard for employer liability for harassment by non-employees.

• In O’Neill v. University of Pennsylvania, the U.S. District Court for the Eastern District of Pennsylvania concluded the university was not liable for the harassment because it did not intend for the harassment to happen.
• The court found the research associate satisfied some of the criteria for a hostile work environment and sexual harassment claim, but failed to prove the university was liable.
• The court relied on a recent ruling in the Sixth Circuit, which held that an employer is not liable for a third party’s harassment of an employee unless it intended to cause or allow the harassment.

In 2022, the female plaintiff began working as a research associate at the University of Pennsylvania’s robotics lab and as a teaching assistant for robotics classes. She alleged a male student harassed and physically intimidated her by blocking her path to her desk, hovering over her desk, demanding answers to questions in assignments, and waiting for her outside the robotics lab. She also claimed he sent her several inappropriate messages, including “I’m going too deep into depression. Please come home and stay with me if you can” and “Love you so much babe . . . come soon,” along with a heart emoji and a...

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