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Employment Litigation Harassment

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

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Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...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

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

Littler

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

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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

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...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

Parker Poe Adams & Bernstein LLP

Employers Should Avoid Promises to Employees About Off-Premises Security

How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired...more

Bennett Jones LLP

Misbehaving Employees Beware: Ontario Court Cracks Down on Post-Termination Misconduct

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The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees...more

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...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

Hogan Lovells

Employment in the news | May 2025

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In a busy month in the courts and tribunals, an employer was liable for psychiatric injury caused by a flawed disciplinary process. The High Court found that TUPE didn’t transfer an employer’s vicarious liability for an...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

K&L Gates LLP

Harassment in the Workplace: A Major Challenge for Employers in France

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During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...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

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

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Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more

McAfee & Taft

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

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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

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more

Ius Laboris

France Introduces a New Concept of ‘Institutional Psychological Harassment’

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The French Court of Cassation has introduced and defined a new concept of ‘institutional psychological harassment’ in what appears to be the conclusion of the so-called ‘France Télécom case’. The case, which commenced back in...more

Dentons

Communication is Everything – What HR Managers Need to Know

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As a manager or even a co-employee, how you interact with others is a critical component of your job. Many employment lawsuits are built on a failure to communicate as well as fundamental communication errors. Many HR...more

Woods Rogers

Conducting Effective Workplace Investigations

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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

Goodell, DeVries, Leech & Dann, LLP

Addressing Workplace Violence, Trespassing, and Harassment in Maryland: What Businesses Need to Know

In the course of business operations, unfortunate incidents of workplace violence or criminal behavior may arise. These incidents can take various forms, such as a patron attacking or threatening an employee, an employee...more

Littler

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

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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

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