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Negligence › Sexual Harassment › Employer Liability Issues

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

McGlinchey Stafford on

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

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Keating Muething & Klekamp PLL on

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

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

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

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

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Littler on

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Tucker Arensberg, P.C.

Court Limits Title IX / Civil Rights Claims Against Participating Districts in Technology Centers

Tucker Arensberg, P.C. on

B.W. v. Career Technology Center of Lackawanna County, 2024 W.L. 4300718 (M.D. Pa. 2024). On various claims arising from alleged abuse of former students, Federal District Court denies summary judgment for career technology...more

Marshall Dennehey

District Court Ruled Plaintiff’s Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of...

Marshall Dennehey on

Karlen v. Uber Technologies, Inc., 2023 WL 3570635 No. 3:21-cv-835 (VAB) (D. Conn May 19, 2023) - The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged...more

Seyfarth Shaw LLP

Recent Developments In Securities Litigation: The “Event Driven” #MeToo Lawsuit

Seyfarth Shaw LLP on

The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Faegre Drinker Biddle & Reath LLP

Sometimes a Belt & Suspenders Aren’t Enough

Faegre Drinker Biddle & Reath LLP on

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. ...more

Mintz - Employment, Labor & Benefits...

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

Mintz - Employment, Labor & Benefits... on

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

McAfee & Taft

Harassment-free workplace: Potential harassers not limited to employees

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Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

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