McDonalds’ former executive vice president David Fairhurst isn’t off the hook for oversight claims simply because he’s a corporate officer rather than a director, Vice Chancellor J. Travis Laster has decided.

The opinion is the latest step in the Court of Chancery case alleging McDonald’s and its management ignored red flags pointing to sexual harassment by former CEO Steve Easterbrook, including claims that Fairhurst didn’t properly oversee a system that would have alerted others at McDonald’s of those red flags.