An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
8/20/2025
/ Anti-Harassment Policies ,
Appeals ,
Appellate Courts ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Non-Employees ,
Retaliation ,
Sexual Harassment ,
Third-Party Harassment ,
Title VII ,
Workplace Harassment Guidance
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines...more
11/17/2023
/ Anti-Harassment Policies ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
New Guidance ,
New Regulations ,
Regulatory Agenda ,
Workplace Harassment Guidance
Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more
In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more
9/10/2018
/ Anti-Harassment Policies ,
Complaint Procedures ,
Discrimination ,
EEO ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Identity ,
Harassment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Communication
Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more
6/28/2018
/ Age Discrimination ,
Anti-Harassment Policies ,
Complaint Procedures ,
Employment Policies ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Policies and Procedures ,
Popular ,
Religious Discrimination ,
Retaliation ,
Sexual Orientation Discrimination ,
Summary Judgment
In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more
I have told clients for years that they ignore claims based on sexual orientation at their peril, and another court is backing me up. An Arizona federal district court just ordered a wine bar to pay real money ($100,000) to...more
4/10/2018
/ Anti-Harassment Policies ,
Default Judgment ,
EEO ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctive Relief ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII