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Employer Liability Issues › Third-Party Harassment › Employment Litigation

Seward & Kissel LLP

Employment Litigation Roundup: August 2025

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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Bradley Arant Boult Cummings LLP on

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

Keating Muething & Klekamp PLL

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

Keating Muething & Klekamp PLL on

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

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Wilson Sonsini Goodrich & Rosati

Bungie Wins Landmark Lawsuit Against Destiny 2 Player Who Harassed a Bungie Employee

Wilson Sonsini Goodrich & Rosati on

On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more

Bodman

The Customer Isn’t Always Right: Why and How Employers Should Address Third-Party Discrimination in the Workplace

Bodman on

In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake. Courts...more

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