Employer Liability Issues, Split of Authority, Employment Discrimination

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

Foley & Lardner LLP on 8/26/2025

With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

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

Dickinson Wright on 8/19/2025

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

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on 8/14/2025

When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

Lathrop GPM on 9/23/2024

The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

Jenner & Block on 4/19/2024

On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2024

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

Skadden's 2020 Insights

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2020

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Employer Liability Issues › Split of Authority › Employment Discrimination