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Third-Party Agents Employer Liability Issues

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

Troutman Pepper Locke

OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections

Troutman Pepper Locke on

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite? ...more

Venable LLP

Racist Robots 2.0: AI Liability for Discrimination

Venable LLP on

Picture this: Your company has developed an artificial intelligence software program that instantly scans thousands of résumés and identifies the perfect candidates for hiring. You call a prospective client whose human...more

Seyfarth Shaw LLP

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

Littler

EEOC Weighs in on Leave as a Reasonable Accommodation

Littler on

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

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