Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
Daily Compliance News: March 18, 2025, The Slack Channel Edition
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Why the Increase in Demeaning Women Online Matters for Your Workplace: What's the Tea in L&E?
The New EEOC Guidelines on Workplace Harassment
What's the Tea in L&E? Supervisor Liability: What Managers Need To Know
DOL’s Expanded Overtime Salary Limits, EEOC’s Sexual Harassment Guidance, NY’s Mandatory Paid Prenatal Leave - Employment Law This Week®
What's the Tea in L&E? One Time Too Many: What is “Severe” Conduct?
Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
#WorkforceWednesday: Major Updates to New York State’s Model Sexual Harassment Prevention Policy - Employment Law This Week®
The Speak Out Act and Compliance Programs
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Consensual With Consequences: Breaking Company Policies Without Breaking the Law
Burr Broadcast September 20, 2022
#WorkforceWednesday: Return-to-Work Behavior Policies, U.S. Soccer's Landmark Agreement, and Board Diversity in California - Employment Law This Week®
Hot Spots in Employment Law 2022
The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more
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
With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more
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
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
In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more
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
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
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
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
In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more
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
From the U.S. Supreme Court to the Sixth Circuit Court of Appeals, courts have issued rulings that clarify — and in some cases, reshape — key aspects of labor and employment law....more
We’ve all heard about and been astonished (or entertained) by the recent Coldplay concert kiss cam scandal involving the CEO and Chief People Officer of Astronomer, a data infrastructure and workflow company valued at over $1...more
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
The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more
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
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
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
Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more
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
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
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
Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop. In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more
In this installment of the More with McGlinchey Podcast, labor and employment attorney Susan Desmond and maritime attorney Marcelle Mouledoux discuss the Safer Seas Act and Title VII requirements for the marine industry. They...more