News & Analysis as of

Harassment Third-Party Employer Liability Issues

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

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

Amundsen Davis LLC

When External Vendors Create Internal Problems: Managing Harassment from Outside Sources

Amundsen Davis LLC on

Most employers have policies and procedures in place to maintain an atmosphere of safety and mutual respect in the workplace. These policies often prohibit employees from engaging in unlawful behavior, such as harassment,...more

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

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished...

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s...more

Nexsen Pruet, PLLC

Employment Law Update - Danger Ahead: Employer Liability For Third-Party Harassment

Nexsen Pruet, PLLC on

On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can...more

Poyner Spruill LLP

EEOC Settlement Reminds Employers of Responsibility to Protect Employees from Harassment by Third Parties

Poyner Spruill LLP on

A Virginia healthcare company, Southwest Virginia Community Health System, recently agreed to pay $30,000 to settle a sexual harassment suit brought against it by the Equal Employment Opportunity Commission (EEOC). The EEOC...more

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