News & Analysis as of

Retaliation Employment Discrimination Harassment

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

Dickinson Wright

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

Dickinson Wright on

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

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

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

Husch Blackwell LLP on

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt...

Maynard Nexsen on

This week, hosts Tina and Bridget sit down with Kim Hewitt and Antwan Lofton of Duke University for a conversation on HR investigations. They share their approach to handling complaints and conducting investigations, and...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Troutman Pepper Locke

Workplace Investigations – One Size Does Not Fit All

Troutman Pepper Locke on

Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more

Keating Muething & Klekamp PLL

EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?

On March 19, 2025, the Equal Employment Opportunity Commission and Department of Justice issued guidance addressing unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace. Although DEI is...more

Haynsworth Sinkler Boyd, P.A.

EEOC and DOJ Issue Joint Press Release Warning Against Unlawful DEI-Related Discrimination

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a press release on March 19, 2025, to introduce two technical assistant documents “focused on educating the public about unlawful...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

Conn Maciel Carey LLP on

The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

Bond Schoeneck & King PLLC

EEOC Issues New Technical Assistance Documents Related to DEI

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical assistance documents focused on educating the public about unlawful discrimination...more

Saul Ewing LLP

The Equal Employment Opportunity Commission Issues New Guidance on When It Considers Diversity Equity and Inclusion Initiatives to...

Saul Ewing LLP on

Recent EEOC actions and guidance provide additional context regarding the Trump Administration Executive Orders targeting Diversity, Equity and Inclusion (“DEI”) and Diversity, Equity, Inclusion and Accessibility (“DEIA”)...more

Cozen O'Connor

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

Cozen O'Connor on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While...more

Schwabe, Williamson & Wyatt PC

EEOC and DOJ Guidance on DEI

The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs. The EEOC’s guide for employees is titled “What To Do If You Experience...more

DCI Consulting

EEOC and DOJ Release Technical Guidance on “Illegal” DEI

DCI Consulting on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the...more

ArentFox Schiff

EEOC and DOJ Issue Guidance on DEI-Related Discrimination

ArentFox Schiff on

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more

Constangy, Brooks, Smith & Prophete, LLP

7 tips for employers about DEI programs

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued technical assistance materials on diversity, equity, and inclusion initiatives, including one document titled...more

Mintz - Employment Viewpoints

EEOC & DOJ Release Guidelines on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released joint “technical assistance documents” (i.e., non-binding interpretive guidelines for...more

Woods Rogers

Conducting Effective Workplace Investigations

Woods Rogers on

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

NAVEX

Rising Temperatures in the Workplace: How to Address the Increase in Workplace Civility Concerns

NAVEX on

In today’s increasingly polarized world, the workplace is not immune to the tensions arising from divergent political, social and cultural views. This is particularly evident in discussions surrounding diversity, equity and...more

Faegre Drinker Biddle & Reath LLP

New Quota Law Coming to Illinois Warehouse Distribution Centers in 2026

In recent years, Illinois has gone the way of states like California and New York by expanding workplace protections for employees. That trend was evident in 2024 with the passage of several laws that took effect on January...more

Ankura

The Hidden Influence: How Culture Shapes Workplace Investigations

Ankura on

The typical 40-hour workweek, small teams, workload pressures, and frequent interactions can build intimate working relationships, mirroring those of domestic ones. But alongside the benefits, these working relationships can...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

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

ArentFox Schiff on

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

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