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Employer Liability Issues Employment Litigation Harassment

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Littler

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

Littler on

On August 8, 2025, the U.S. Court of Appeals for the Sixth Circuit ruled an employer is not liable for harassment of an employee by a third party unless the employer intended for the harassment to occur. This stark departure...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

Parker Poe Adams & Bernstein LLP

Employers Should Avoid Promises to Employees About Off-Premises Security

How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired...more

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...more

Hogan Lovells

Employment in the news | May 2025

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In a busy month in the courts and tribunals, an employer was liable for psychiatric injury caused by a flawed disciplinary process. The High Court found that TUPE didn’t transfer an employer’s vicarious liability for an...more

K&L Gates LLP

Harassment in the Workplace: A Major Challenge for Employers in France

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During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...more

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

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Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more

Ius Laboris

France Introduces a New Concept of ‘Institutional Psychological Harassment’

Ius Laboris on

The French Court of Cassation has introduced and defined a new concept of ‘institutional psychological harassment’ in what appears to be the conclusion of the so-called ‘France Télécom case’. The case, which commenced back in...more

Dentons

Communication is Everything – What HR Managers Need to Know

Dentons on

As a manager or even a co-employee, how you interact with others is a critical component of your job. Many employment lawsuits are built on a failure to communicate as well as fundamental communication errors. Many HR...more

Woods Rogers

Conducting Effective Workplace Investigations

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Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

Spilman Thomas & Battle, PLLC

Recent Court Decisions Highlight the Need for Employer Precision and Well-Trained Managers to Effectively Discipline Employees and...

A pair of cases from the United States Supreme Court and the Second Circuit (covering Connecticut, New York, and Vermont) in 2024 highlight the importance of documentation and well-trained managers when issuing employee...more

Venable LLP

A Subcontractor's Employee Says the Government Customer Engaged in Harassment and Retaliation. Why Did the Prime Contractor Get...

Venable LLP on

Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more

Carlton Fields

Sixth Circuit Confirms Arbitration Award Despite Argument That Case Was International and Beyond Arbitrator’s Authority

Carlton Fields on

The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more

K&L Gates LLP

The Essentials—California Employment Law Update for 2025

K&L Gates LLP on

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 3, September 2024

Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Miller Nash LLP

California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment...

Miller Nash LLP on

Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

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In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

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