News & Analysis as of

Employer Responsibilities Equal Employment Opportunity Commission (EEOC)

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

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

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Dickinson Wright

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

Dickinson Wright on

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

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

Berkshire

Illinois Amends Equal Pay Act to Separate It from Federal EEO-1 Reporting

Berkshire on

Effective June 30th, Illinois has amended their Equal Pay Act to remove references to the EEO-1 Annual Employer Information Report. References to the EEO-1 report and the EEOC itself have been removed in 4 places. A...more

Perkins Coie

DOJ’s DEI Federal Fund Recipient Guidance Deserves Attention by Private Sector Employers

Perkins Coie on

Key Takeaways - - A recently released memo from the U.S. attorney general reminds employers of the current administration’s stance on diversity, equity, and inclusion efforts. - The guidance is explicitly directed at...more

McAfee & Taft

Will expanded freedom of religious expression lead to increased tension in the workplace?

McAfee & Taft on

On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protection Religious Expression in the Federal Workplace.” The memo...more

Kerr Russell

Religious Accommodations Under Scrutiny

Kerr Russell on

Six months into the new Trump administration, it is clear that the EEOC is concentrating its efforts on religious discrimination in the workplace. Since President Trump’s inauguration, 25% of the new lawsuits or enforcement...more

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

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces. ...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Jackson Lewis P.C.

Mid-Year 2025

Jackson Lewis P.C. on

The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Littler

Senate HELP Committee Hearing: Key Takeaways for Employers from the July 16, 2025 Nomination Review

Littler on

On July 16, 2025, the Senate Health, Education, Labor, and Pensions (HELP) Committee convened to review the nominations of three individuals whose roles could significantly shape the future of federal labor and employment...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Bradley Arant Boult Cummings LLP

Mediation: Give It a Try – You Might Like It!

Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more

BakerHostetler

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

BakerHostetler on

As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Whiteford

Employment Law Update: EEO-1 Employer Reporting Is Due June 24, 2025

Whiteford on

Employers remain obligated to complete and submit their EEO-1 reports, even with the current administration’s aggressive reworking of the anti-discrimination landscape. Federal mandatory reporting requirements require private...more

Woods Rogers

Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler for a deep dive into best practices for conducting interviews. They highlight the critical role of documentation in...more

Morgan, Brown & Joy, LLP

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio...more

Mintz - Employment Viewpoints

No Grace Period: EEO-1 Reporting Deadline Set for June 24, 2025

If your company is required to submit a federal EEO-1 report, you have until June 24, 2025 at 11:00 p.m. ET to file it online. The EEOC has already indicated there will be no grace period....more

Robinson Bradshaw

EEOC Guidance Partially Vacated: What’s an Employer to Do?

Robinson Bradshaw on

Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct....more

Ward and Smith, P.A.

Tick Tock, Tick Tock: Employers Face Final EEO-1 Component Filing Deadline

Ward and Smith, P.A. on

The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1 Component 1 data collection on May 20, 2025. The deadline for covered employers to file reports of workplace demographic data is Tuesday, June 24,...more

Bond Schoeneck & King PLLC

Reporting Reminder: EEO-1 Filing Deadline is June 24, 2025

The U.S. Equal Employment Opportunity Commission (EEOC) opened its EEO-1 filing platform on May 20, 2025. The deadline for employers to file their EEO-1 reports will be Tuesday, June 24, 2025....more

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