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DAVID v. SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC.

No. 96-7034.

120 F.3d 1199 (1997)

Patricia DAVID, Plaintiff-Appellant, v. SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC., William Thomas, National Assistance Bureau, Inc., a.k.a. Gardendale Nursing Home, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 29, 1997.

Attorney(s) appearing for the Case

Stephen A. Strickland, Cecilee R. Beasley, Richard S. Jaffe, Richard S. Jaffe, P.C., Birmingham, AL, for Plaintiff-Appellant.

Lawrence B. Clark, Jolee Hancock Bollinger, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for SmithKline Beecham Clinical Laboratories, Inc.

David M. Loper, Campbell & Waller, L.L.C., Birmingham, AL, for National Assistance Bureau & William Thomas.

Before ANDERSON and COX, Circuit Judges, and ALARCON, Senior Circuit Judge.

PER CURIAM:

With respect to the summary judgment in favor of SmithKline, we assume arguendo, but need not decide, that an employer may be liable under some circumstances in a case involving harassment of an employee, not by the employer or its employees, but by a third person. However, we conclude on this record that SmithKline's response to plaintiff's reports of harassment was reasonable in light of the options available to SmithKline.1...

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