News & Analysis as of

Hostile Environment Title VII

McDermott Will & Schulte

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under...more

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

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...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

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

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In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...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

Husch Blackwell LLP

DOJ Issues Sweeping Guidance on "Illegal DEI": Key Legal Risks and Compliance Priorities for Federal Funds Recipients

Husch Blackwell LLP on

On July 29, 2025, the Department of Justice (DOJ) issued updated guidance setting forth the administration’s position on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and...more

BakerHostetler

Trump Administration Releases New Guidance on Unlawful DEI

BakerHostetler on

On July 30, the Department of Justice (DOJ) issued a new memorandum from Attorney General Pam Bondi that provides further guidance on what DEI practices the Trump Administration considers unlawful discrimination. ...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

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

Jackson Lewis P.C.

What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?

Jackson Lewis P.C. on

Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —...more

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

Perkins Coie on

Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Lerch, Early & Brewer

What Employers Need to Know About the New EEOC Guidance Regarding DEI–Related Discrimination

Lerch, Early & Brewer on

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Justice Department jointly issued two technical assistance documents focused on educating the public about DEI-related...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Holland & Hart - Employers' Lawyers

A Shoddy Investigation Is Not Retaliatory

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior and it may allow the company to avoid potential liability –...more

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

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A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Zuckerman Spaeder LLP

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

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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

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Amundsen Davis LLC

EEOC Sets Its Sights on DEI Programs: What Employers Need to Know

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The Equal Employment Opportunity Commission (EEOC) recently announced that it will be examining DEI programs for potential violations of Title VII following President Trump’s executive orders regarding DEI programs and the...more

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

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On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Holland & Hart - Employers' Lawyers

DEI and Discrimination: What Employers Should Know

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy,...more

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