Employer Liability Issues, Appellate Courts, Civil Rights Act

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

Kohrman Jackson & Krantz LLP on 8/28/2025

The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more

Littler Lightbulb: May Appellate Roundup

Littler on 6/7/2024

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on 3/6/2024

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/4/2024

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

Littler Lightbulb – April Employment Appellate Roundup

Littler on 5/2/2023

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Littler Lightbulb – January Employment Appellate Roundup

Littler on 2/1/2023

At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters. At issue is...more