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Appellate Courts › Sexual Harassment › Hostile Environment

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

Proskauer - Law and the Workplace on

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

Bradley Arant Boult Cummings LLP on

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

Proskauer - California Employment Law

Employee’s Indirect Exposure To Harassing Conduct Supported $4 Million Verdict

Proskauer - California Employment Law on

Carranza v. City of Los Angeles, 111 Cal. App. 5th 388 (2025) - Lilian Carranza, an LAPD captain, learned that a photo of a topless woman who looked like but was not Carranza was circulating electronically among LAPD...more

Whiteford

Employment Law Update: Ninth Circuit Ruling Reminds Employers They May be Held Liable for Social Media Harassment

Whiteford on

The U.S. Court of Appeals for the Ninth Circuit recently ruled, in Okonowsky v. Garland, No. 23-55404, that an employer may be held liable for a Title VII hostile work environment claim based on harassing content posted on an...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

Genova Burns LLC on

On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

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