Introduction This essay will state the basis of Anicich v. Home Depot USA Inc. A brief case overview will be provided to give context to the written analysis that follows. Additionally, precedent was established in Ellereth regarding intentional torts committed outside the scope of their employment and the decisions related to this situation. The implications behind the decision made in the analyzed case study will be discussed concerning how employer/employee relationships will be affected. Case Overview The case Anicich v. Home Depot USA Inc involves a lawsuit against Home Depot after a pregnant employee was murdered by her supervisor at an offsite event (Kirila, 2017). Despite the fact that the incident occurred off of Home Depot’s premises, the seventh circuit ruled that the business was …show more content…
Employees should expect to feel safe at work and that they won’t be punished monetarily for not complying with a supervisor’s inappropriate wishes. Although the perpetrator was assigned anger management courses, the store showed irresponsibility by following through to ensure that the perpetrator had actually completed the courses. Setting the precedent that nonaction from an employer is unacceptable when there is a record of inappropriate behavior is present will ideally prevent future tragedies like the one that occurred in this case. A previous decision made in the case Burlington Industries, Inc v. Ellerth noted that employers are liable for supervisory employees’ intentional torts that occur outside the scope of their employment and when this supervisory authority is abused, they are subject to an affirmative defense (Kirila, 2017). A plaintiff must prove that a particular unfitness was present to succeed in a claim by proving that at the time of the defendant’s inaction or action that some harm could have been reasonably