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Employer Liability Issues › Appellate Courts › Hostile Environment

Proskauer - Law and the Workplace

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

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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

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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

Littler

Littler Lightbulb: February Appellate Roundup

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Infrequent but Repeated Comments Can Create a Hostile Working Environment Based on Race

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Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

Genova Burns LLC

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

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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

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

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