The following excerpt is from Gallagher v. Delaney, 139 F.3d 338, 1998 WL 119614 (2nd Cir. 1998):
A plaintiff pursuing a hostile work environment claim must establish a basis, rooted in common law agency principles, on which to hold an employer liable for the conduct of its employees. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 72, 106 S.Ct. 2399, 2408, 91 L.Ed.2d 49 (1986). This predicate can be established if
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