News & Analysis as of

Employment Discrimination Harassment Employment Litigation

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

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

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

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

Jackson Lewis P.C. on

A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

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

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more

McAfee & Taft

When can an employer be liable for harassment happening outside of work?

McAfee & Taft on

Generally, employers are not responsible for events involving their employees that happen after hours and away from work. But that is not always the case. In its April 2024 Enforcement Guidance on Harassment in the Workplace,...more

Lathrop GPM

Virginia Federal Court Dismisses Franchise Employee’s Discrimination Claims Against McDonald’s

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A federal court in Virginia recently granted McDonald’s USA, LLC’s motion to dismiss a former franchise employee’s Title VII and Virginia Human Rights Act claims. Edmonds v. McDonald’s USA, LLC, 2025 WL 1066193 (W.D. Va. Apr....more

Woods Rogers

Conducting Effective Workplace Investigations

Woods Rogers on

Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

Littler

UK Court of Appeal Decision Addresses Tension Between Religious Beliefs and Reputational Damage

Littler on

The UK Court of Appeal (CA) has handed down its judgment in the case of Higgs v. Famor’s School, adding to the growing body of case law that examines the complex issue of balancing employees’ freedom to express potentially...more

Spilman Thomas & Battle, PLLC

Recent Court Decisions Highlight the Need for Employer Precision and Well-Trained Managers to Effectively Discipline Employees and...

A pair of cases from the United States Supreme Court and the Second Circuit (covering Connecticut, New York, and Vermont) in 2024 highlight the importance of documentation and well-trained managers when issuing employee...more

Mayer Brown

Court of Appeal Hands Down Judgment in Higgs v Farmor's School Case

Mayer Brown on

The Court of Appeal handed down its highly anticipated judgment in the case of Higgs v Farmor's School. The judgment has significant implications for employers, where their employees express potentially controversial beliefs...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

King & Spalding

January Employment Law Update: Sounds Like Harassment?

King & Spalding on

Happy New Year! In our first monthly alert for 2025, we report on whether comments on an employee’s accent are unlawful harassment, on ‘gig economy’ worker rights – plus guidance on employers’ duties to prevent sexual...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

Ius Laboris on

After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

Seward & Kissel LLP on

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Miller & Martin PLLC

How Should Employers Respond to the EEOC’s New Harassment Guidance?

Miller & Martin PLLC on

The Equal Employment Opportunity Commission’s long-awaited new Workplace Harassment Guidance was issued on April 29, 2024. The last one was issued in 1999!...more

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Poyner Spruill LLP

EEOC’s Year-End Litigation Round-Up and Strategic Plan

Poyner Spruill LLP on

On November 15, 2023, the EEOC published its year-end litigation round-up and strategic enforcement plan, which shows its increased enforcement activities over the past year and new areas of emphasis for future enforcement....more

Kelley Drye & Warren LLP

Attention New York Employers: New Prohibitions for Settlement Agreements Resolving Discrimination Claims

Effective November 17, 2023, Governor Hochul signed a new law impacting settlement agreements resolving claims of harassment, discrimination and retaliation. The new law, S4516 amends Section 5-336 of the New York General...more

Lathrop GPM

Update - EEOC FY2022 Statistics Released

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The Equal Employment Opportunity Commission (“EEOC”) has released its enforcement and litigation statistics for FY2022. In summary, the EEOC’s data shows that there were 73,485 charges of discrimination filed in FY2022, which...more

Seyfarth Shaw LLP

Colorado Peculiarities

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Husch Blackwell LLP

EEOC Casts New Focus on Construction Industry

Husch Blackwell LLP on

Last month, the Equal Employment Opportunity Commission (EEOC) issued a report shedding light on the alleged prevalence of employment discrimination and harassment issues in the construction industry, as well as steps the...more

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