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Employment Litigation Sexual Harassment Equal Employment Opportunity Commission (EEOC)

Saul Ewing LLP

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

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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

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

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

Berkshire

Texas Federal Court Vacates Portions of EEOC Harassment Guidance Protecting LGBTQ+ Workers

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On May 15, 2025, a Texas federal court issued a ruling that vacates portions of an Equal Employment Opportunity Commission (EEOC) harassment guidance that expanded the definition of sexual harassment under Title VII to...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

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On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...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

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...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

Offit Kurman

Office Romance: Navigating Workplace Relationships and Managing Legal Risks

Offit Kurman on

Dear Sarah, Two of my employees have started dating, and I’m worried it might affect their work or lead to complaints from others. Should we have a formal policy on workplace relationships? Are we even allowed to have such a...more

Ankura

Conducting Crisis-led Investigations for Workplace Matters

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An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...more

Littler

Former NLRB GC Abruzzo’s Parting Words on the Complementary Relationship between NLRA and EEOC Statutes

Littler on

On January 16, 2025, then-NLRB General Counsel Abruzzo issued Memorandum GC 25-04, Harmonization of the NLRA and EEO Laws. The memo responds to criticism from employers that NLRB decisions issued under the Biden...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

Maynard Nexsen

Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals

Maynard Nexsen on

The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively. On December 31, 2024,...more

Jaburg Wilk

Can I Be Forced to Arbitrate My Sexual Assault/Harassment Claims?

Jaburg Wilk on

On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more

U.S. Equal Employment Opportunity Commission...

Wyoming Trucking Company to Pay $124,000 in EEOC Sexual Harassment Lawsuit

Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more

Seward & Kissel LLP

Employment Litigation Roundup: December 2024

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Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

Seward & Kissel LLP on

In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...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

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

Holland & Knight LLP on

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

U.S. Equal Employment Opportunity Commission...

Fremont Contractor to Settle EEOC Harassment Charge

Federal Investigation Found Transgender Construction Worker Faced Hostile Work Environment, Retaliation and Constructive Discharge - OAKLAND, Calif. – Fremont-based contractor Superior Automatic Sprinkler Company has...more

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