James Looby

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Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more

8/20/2025 / Appeals , Civil Rights Act , Employer Liability Issues , Employment Discrimination , Employment Litigation , Non-Employees , Sexual Harassment , Statutory Interpretation , Title VII

Seventh Circuit Departs from Traditional Two-Step Collective Certification Framework in FLSA and ADEA Cases

With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor...more

8/15/2025 / ADEA , Appellate Courts , Collective Actions , Discovery , Employment Discrimination , Employment Litigation , Evidence , Fair Labor Standards Act (FLSA) , Litigation Strategies , Notice Requirements

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

5/7/2025 / Americans with Disabilities Act (ADA) , Appeals , Back Pay , Corporate Counsel , Disability Discrimination , Employee Rights , Employer Liability Issues , Employment Discrimination , Employment Litigation , Fitness for Duty Exams

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