Employer Liability Issues, Non-Employees, Employment Litigation

Appeals Court Limits Title VII Liability for Non-Employee Conduct: Key Takeaways for Employers

Fisher Phillips on 9/8/2025

Can an employer be held liable for workplace harassment committed by a non-employee? The short answer is “sometimes” – but a federal appeals court just significantly narrowed this liability risk for employers in Kentucky,...more

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

Vedder Price on 8/20/2025

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

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 8/20/2025

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

Employer Liability Issues › Non-Employees › Employment Litigation

Appeals Court Limits Title VII Liability for Non-Employee Conduct: Key Takeaways for Employers

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

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

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

Employer Liability Issues › Non-Employees › Employment Litigation

Appeals Court Limits Title VII Liability for Non-Employee Conduct: Key Takeaways for Employers

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

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

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

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