News & Analysis as of

Employment Litigation Equal Employment Opportunity Commission (EEOC) Hostile Environment

Saul Ewing LLP

Sixth Circuit Imposes Heightened Standard in Non-Employee Sexual Harassment Cases

Saul Ewing LLP on

Recently, in a case titled Bivens v. Zep, Inc., the Sixth Circuit Court of Appeals ruled that an employer will only be liable for a customer's harassment of an employee when the employer intends for such harassment to occur....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

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

Littler

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

Littler on

On August 8, 2025, the U.S. Court of Appeals for the Sixth Circuit ruled an employer is not liable for harassment of an employee by a third party unless the employer intended for the harassment to occur. This stark departure...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

Zuckerman Spaeder LLP on

Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

Troutman Pepper Locke

Federal Government’s Ping Pong Match on Independent Contractor Rule Is Distraction From Enhancing IC Compliance: January 2025 IC...

Troutman Pepper Locke on

Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sexual Harassment of Teens

Federal Agency Alleges Applebee’s Franchise and Sports Facility Allowed Hostile Work Environment to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) today filed lawsuits against two companies...more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

Venable LLP on

Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Workplace Harassment

Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Tucker Arensberg, P.C.

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Shane’s Rib Shack Franchisee for Sexual Harassment and Retaliation

Popular Restaurant Franchisee Subjected Teenage Employee to Sexually Hostile Work Environment Then Fired Her for Complaining, Federal Agency Charges - ATLANTA – RSPS Holdings, a franchisee of the popular fast-casual...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simply Slims for Sexual Harassment

Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...more

U.S. Equal Employment Opportunity Commission...

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

Seyfarth Shaw LLP

EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in...more

U.S. Equal Employment Opportunity Commission...

Alden Short and Hinson Jennings to Pay $85,000 to Settle EEOC National Origin Discrimination Suit

Property Management Company Settles Federal Charges of Harassing Three Hispanic Employees - DALLAS – Alden Short and Hinson Jennings, a Dallas-based property management company, will pay $85,000 and furnish other relief to...more

Parker Poe Adams & Bernstein LLP

Does "MAGA" Attire at Work Create Racially Hostile Environment?

Recently, a client received an EEOC charge that among other claims, alleged that a manager’s discussions of support for former President Trump’s campaign constituted evidence of a hostile work environment based on race....more

U.S. Equal Employment Opportunity Commission...

TGS Garage & Doors to Pay $55,000 to Settle EEOC Race Harassment Suit

Garage Door Sales and Repair Company Subjected its Only Black Service Technician to a Hostile Work Environment, Agency Charged - NEWARK, N.J. - TGS Garage & Doors, a company that sells, installs and repairs garage doors...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Harley Dealership for Sexual Harassment and Retaliation

Glenview Dealership Created Sexually Hostile Work Environment for Business Manager And Then Fired Her for Complaining, Federal Agency Charges - CHICAGO - The owners/operators of Chicago Harley Davidson, in Glenview, Ill.,...more

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