News & Analysis as of

Employment Discrimination Sexual Harassment

Constangy, Brooks, Smith & Prophete, LLP

Employers, can team-building get you sued? Four risks, four solutions

Don't go off the deep end. Alison Green of the Ask a Manager blog had a great column in Slate this week about over-zealous employer team-building activities. Here’s the intro: “You’re not leaving yet, are you? Team karaoke...more

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

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

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

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

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

FordHarrison

Sixth Circuit Requires Proof of Intent for Employers to be Liable for Harassment by a Nonemployee

FordHarrison on

On August 8, 2025, in Bivens v. Zep, Inc., the United States Court of Appeals for the Sixth Circuit held that employer liability for nonemployee harassment requires proof of the employer’s intent, a departure from the...more

Kerr Russell

Supreme Court and Sixth Circuit Case Law Updates

Kerr Russell on

From the U.S. Supreme Court to the Sixth Circuit Court of Appeals, courts have issued rulings that clarify — and in some cases, reshape — key aspects of labor and employment law....more

Bradley Arant Boult Cummings LLP

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...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

Proskauer - California Employment Law

Employee’s Indirect Exposure To Harassing Conduct Supported $4 Million Verdict

Carranza v. City of Los Angeles, 111 Cal. App. 5th 388 (2025) - Lilian Carranza, an LAPD captain, learned that a photo of a topless woman who looked like but was not Carranza was circulating electronically among LAPD...more

Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

Gould + Ratner LLP on

The internet lit up recently with viral footage from a “kiss cam” at a Coldplay concert in Boston, Massachusetts. The clip, now dubbed by some as “Coldplay Gate,” depicts the married CEO of Astronomer, Inc., having an...more

Phelps Dunbar

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

Phelps Dunbar on

The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC,...more

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more

A&O Shearman

UK employment developments July 2025

A&O Shearman on

As we move into the second half of 2025, several important developments are emerging that HR, legal and compliance teams should have on their radar. Employment Rights Bill: strategic planning starts now - The Employment...more

Mintz - Employment Viewpoints

Deepfakes Face Deep Trouble: Revenge Porn in the Workplace

The recently enacted TAKE IT DOWN Act makes it a federal offense to share online nonconsensual and explicit images, regardless of whether the images are real or computer generated. The law is intended to protect victims from...more

Hogan Lovells

UK government announces more changes to Employment Rights Bill

Hogan Lovells on

The UK government announced further changes to the Employment Rights Bill. These include a ban on NDAs that seek to prevent workers speaking out about discrimination and harassment. Changes to the fire and rehire rules...more

Troutman Pepper Locke

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

Troutman Pepper Locke on

The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any...more

Proskauer - California Employment Law

Nuclear Winter:  The Post-Verdict Battle in Employment Cases

As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more

BCLP

FCA Draft Guidance on Non-financial Misconduct Published Today

BCLP on

The Financial Conduct Authority (FCA) has published its most recent paper on non-financial misconduct (NFM), clarifying its expectations on bullying and harassment in financial services....more

Fisher Phillips

In the Crosshairs: Untangling the Legal Landscape on LGBTQ+ Workplace Rights Under Title VII

Fisher Phillips on

The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more

Constangy, Brooks, Smith & Prophete, LLP

Social media tip for employers: SHUT UP!

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not...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

Tyson & Mendes LLP

It Ends with Lawsuits for Hollywood Co-Stars

Tyson & Mendes LLP on

A series of lawsuits between Blake Lively and Justin Baldoni, stars of the 2024 blockbuster movie It Ends With Us, have captivated both the public and the legal community in recent months. The legal battle presents...more

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