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constructive knowledge

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constructive knowledge,
n information and understanding derived from circumstances.

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Zazzali noted that the liability standard established in Lehmann for a hostile work environment under the LAD--that the employer is liable when it "has actual or constructive knowledge of the harassment and fails to take effective measures to end the discrimination"--should apply to school districts as well.
Otherwise, the government will assume that the employer who fails to follow these procedures had constructive knowledge that the employee in question was working illegally all the time.
for the sexually harassing conduct of supervisors, enabling employees alleging they were the victims of sexual harassment to hold employers liable without the need to establish knowledge or constructive knowledge of the offending conduct and failure to remedy it on the part of the employer.
 
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