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Employer Liability Issues Retaliation

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

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The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Saul Ewing LLP

Sixth Circuit Imposes Heightened Standard in Non-Employee Sexual Harassment Cases

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Recently, in a case titled Bivens v. Zep, Inc., the Sixth Circuit Court of Appeals ruled that an employer will only be liable for a customer's harassment of an employee when the employer intends for such harassment to occur....more

Jaburg Wilk

Six Protections if You Win a USERRA Case

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If you’ve served in the military and faced problems at work because of your service—like being denied a job, promotion, or your old position back after deployment—you may have legal rights under the Uniformed Services...more

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

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

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

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

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In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

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Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...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

Phelps Dunbar

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

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In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more

Friling Law

Your Right to Report Unsafe Working Conditions Without Retaliation: A Guide for Employees

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Every worker in the United States has the right to a safe and healthy workplace. Federal law protects you if you speak up about unsafe conditions, file a safety complaint, or take part in a workplace safety investigation. If...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

Fisher Phillips

What PEOs Need to Know About the Current State of Workplace AI Regulation

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As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Fox Rothschild LLP

Colorado Raises the Stakes for Compliance with the Colorado Wage Act

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Colorado is raising the stakes for employers when it comes to compliance obligations and increased enforcement with the enactment of House Bill 25-1001 (the Law). The Law amends the Colorado Wage Act and goes into effect...more

Cozen O'Connor

New York Note: Ex-NYPD Sues City, City Legislation, State Overtime Costs, International Affairs Commissioner

Cozen O'Connor on

Ex-NYPD Official Sues Mayor - Former NYPD Deputy Commissioner Tom Donlon has filed a federal lawsuit against Mayor Eric Adams, senior NYPD leaders, and City Hall. Donlon briefly served as Interim NYPD Commissioner for two...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

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Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

Littler on

On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Parker Poe Adams & Bernstein LLP

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds an Employee Cannot Recover Damages for Defamation Related to a Wrongful Termination Claim

The California Court of Appeal issued an important decision clarifying that an employee cannot recover damages for a defamation claim that is derivative of a wrongful termination claim. Defamation causes of action are often...more

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

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