News & Analysis as of

Employment Discrimination Harassment Title VII

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

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

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

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on

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

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

Steptoe & Johnson PLLC

Evaluating the Employee Evaluation Process: There’s No Time Like the Present!

Steptoe & Johnson PLLC on

Now is a good time to re-evaluate your company’s employee evaluation process in light of the prevalence of remote work and a U.S. Supreme Court decision lowering the requirements for employees to succeed on certain...more

Kohrman Jackson & Krantz LLP

The Coldplay Concert Kiss Cam Scandal: Legal and Employment Litigation Implications

We’ve all heard about and been astonished (or entertained) by the recent Coldplay concert kiss cam scandal involving the CEO and Chief People Officer of Astronomer, a data infrastructure and workflow company valued at over $1...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

Whiteford

Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees

Whiteford on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed...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

Lathrop GPM

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

Lathrop GPM on

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

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Keating Muething & Klekamp PLL

EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?

On March 19, 2025, the Equal Employment Opportunity Commission and Department of Justice issued guidance addressing unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace. Although DEI is...more

Haynsworth Sinkler Boyd, P.A.

EEOC and DOJ Issue Joint Press Release Warning Against Unlawful DEI-Related Discrimination

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a press release on March 19, 2025, to introduce two technical assistant documents “focused on educating the public about unlawful...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

Conn Maciel Carey LLP on

The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

Bond Schoeneck & King PLLC

EEOC Issues New Technical Assistance Documents Related to DEI

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical assistance documents focused on educating the public about unlawful discrimination...more

Saul Ewing LLP

The Equal Employment Opportunity Commission Issues New Guidance on When It Considers Diversity Equity and Inclusion Initiatives to...

Saul Ewing LLP on

Recent EEOC actions and guidance provide additional context regarding the Trump Administration Executive Orders targeting Diversity, Equity and Inclusion (“DEI”) and Diversity, Equity, Inclusion and Accessibility (“DEIA”)...more

Cozen O'Connor

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

Cozen O'Connor on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While...more

Schwabe, Williamson & Wyatt PC

EEOC and DOJ Guidance on DEI

The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs. The EEOC’s guide for employees is titled “What To Do If You Experience...more

DCI Consulting

EEOC and DOJ Release Technical Guidance on “Illegal” DEI

DCI Consulting on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the...more

ArentFox Schiff

EEOC and DOJ Issue Guidance on DEI-Related Discrimination

ArentFox Schiff on

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more

67 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide