News & Analysis as of

Third-Party › Retaliation

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

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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

Guidepost Solutions LLC

Monitoring Against Whistleblower Retaliation

Guidepost Solutions LLC on

Saves Lives, Prevents Major Crimes, and Accelerates Voluntary Self - Disclosures The U.S. Department of Justice (“DoJ”) recently spotlighted its Whistleblower Awards Program and Voluntary Self Disclosure (“VSDs”)...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Bradley Arant Boult Cummings LLP

You Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party Claim

Bradley Arant Boult Cummings LLP on

Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Third Party Cannot Sue for Retaliation Under Title VII

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In its 2011 North American Stainless decision, the U.S. Supreme Court agreed that an engaged man could sue for retaliation under Title VII after he was fired around the time his fiancée filed a discrimination claim against...more

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

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished...

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

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Amada Senior Care For Sexual Harassment, Retaliation

U.S. Equal Employment Opportunity Commission... on

Home Health Care Company Allowed Harassment of Female Employees and Retaliated When the Women Complained, Federal Agency Charges - DENVER - JoyVida LLC, doing business as Amada Senior Care in Colorado Springs and also in...more

Allen Matkins

Court Extends California Whistleblower Protection To Third Party Violations

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In California, employees who blow the whistle are protected from retaliation by Labor Code § 1102.5(b) which provides...more

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