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Employment Discrimination › Non-Employees › Employer Liability Issues

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...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

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

Phelps Dunbar

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

Phelps Dunbar on

In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more

Harris Beach Murtha PLLC

State Budget Bill Amends Laws on Sexual Harassment in the Workplace

Harris Beach Murtha PLLC on

Early on Saturday, March 31, 2018, the New York State Legislature passed a budget bill that includes several changes and additions to workplace sexual harassment law. Governor Andrew Cuomo applauded the measure as the...more

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