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Statutory Interpretation Employment Discrimination

Amundsen Davis LLC

Sixth Circuit Provides Employers Protection in Customer Harassment Cases

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Earlier this month, the Sixth Circuit issued a decision in Bivens v. Zep that significantly narrows when an employer can be held liable under Title VII for harassment committed by a third party, such as a customer or client. ...more

Dorsey & Whitney LLP

Applicants Do Not Need to Be “Bona Fide” Under the Washington Equal Pay and Opportunities Act, but Washington Supreme Court Leaves...

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On September 4, 2025, in a 6-3 decision, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits that a plaintiff need not prove he or she was a “bona fide” applicant to recover damages under...more

Sheppard Mullin Richter & Hampton LLP

Age Discrimination Act—Which Proscribes Age Discrimination in Programs Receiving Federal Assistance—Does Not Apply to Medical...

The Age Discrimination Act of 1975 (the “Age Act”) proscribes age-based discrimination in programs and activities that receive federal financial assistance. The Age Act generally does not restrict age discrimination in...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

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

Hinshaw & Culbertson - Employment Law...

Does the Americans with Disabilities Act Protect Retired Employees? Recent U.S. Supreme Court Ruling Offers New Guidance for...

On June 20, 2025, the U.S. Supreme Court decided Stanley v. City of Sanford, an 8-1 ruling that significantly limits the reach of the Americans with Disabilities Act (“ADA”) once an employee has retired....more

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

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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

Blake, Cassels & Graydon LLP

Hires, Dismissals and Criminal Records: What Quebec Employers Need to Know

In Quebec, provisions of the Charter of Human Rights and Freedoms (Charter) govern an employer’s right to dismiss an employee or refuse to hire a candidate on the basis of a criminal or penal conviction. Employers should pay...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

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

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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

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

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

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When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

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

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days?...more

Saul Ewing LLP

How the Trump Administration’s Stance on DEI Could Impact Your Access to Federal Funding, and Its Ripple Effects

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On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies discussing Diversity, Equity, and Inclusion (DEI) programs. More specifically, she outlined how agencies should regulate the activities...more

Proskauer - California Employment Law

Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs

Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) - Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more

Herbert Smith Freehills Kramer

The Supreme Court rules that individuals who no longer hold or seek to hold a job do not have standing to sue under the ADA for...

On June 20, 2025, the U.S. Supreme Court (SCOTUS) held in Stanley v. City of Sanford, Florida that a retired employee who could no longer hold or seek to hold her job could not sue under the Americans with Disabilities Act...more

Maynard Nexsen

Supreme Court Brings Clarity to "Reverse Discrimination" Claims

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The U.S. Supreme Court has issued a unanimous opinion holding that Title VII does not impose a heightened or different burden of proof for majority-group plaintiffs. Simply put, “reverse discrimination” Title VII claims...more

Goldberg Segalla

Second Circuit Clarifies Scope of Marital Status Discrimination Under New York City Human Rights Law

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The U.S. Court of Appeals for the Second Circuit on April 8, 2025, clarified the scope of “marital status” discrimination under the New York City Human Rights Law (NYCHRL). In Hunter v. Debmar-Mercury LLC, et al., the Second...more

Kohrman Jackson & Krantz LLP

Supreme Court finds Retiree Not Considered “Qualified Individuals” Under the ADA – But Pleading Can Make the Difference

The U.S. Supreme Court recently clarified in Stanley v. City of Sanford, No. 23-997, that individuals who have already retired are generally not considered “qualified individuals” eligible to assert claims under the Americans...more

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

Cranfill Sumner LLP

Supreme Court Unanimously Rejects “Background Circumstances” Requirement for “Reverse Discrimination” Claims

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The U.S. Supreme Court unanimously held on June 5, 2025, that majority group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of...more

Kelley Drye & Warren LLP

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling...more

Potomac Law Group, PLLC

SCOTUS Rejects Unique Proof Standards for Reverse Discrimination Plaintiffs

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose heightened evidentiary requirements on Title VII plaintiffs simply because...more

FordHarrison

Supreme Court: Retirees Who Cannot Work are not "Qualified Individuals" Entitled to Protection Under Title I of the Americans with...

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On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I...more

Vinson & Elkins LLP

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of...

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On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more

Littler

Senate Committee Questions DOL, EEOC Nominees

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On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity...more

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