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Title VII › Employment Litigation › Employer Liability Issues

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
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

Foley & Lardner LLP

Northern District of Illinois Jury Verdict Reminds Employers to be Cognizant of Vaccine Exemption Requests

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While March 2020 may seem like a distant memory, courts across the country are still busy hearing cases related to the COVID-19 pandemic. A recent federal jury verdict in McCormick v. Chicago Transit Authority reminds us that...more

Fisher Phillips

Appeals Court Limits Title VII Liability for Non-Employee Conduct: Key Takeaways for Employers

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Can an employer be held liable for workplace harassment committed by a non-employee? The short answer is “sometimes” – but a federal appeals court just significantly narrowed this liability risk for employers in Kentucky,...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2025

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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Jackson Lewis P.C.

[Event] Workplace Horizons Extension: Chicago - September 18th, Chicago, IL

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The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New...more

Saul Ewing LLP

Sixth Circuit Imposes Heightened Standard in Non-Employee Sexual Harassment Cases

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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

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

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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

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

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

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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

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

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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

Littler

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

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On August 8, 2025, the U.S. Court of Appeals for the Sixth Circuit ruled an employer is not liable for harassment of an employee by a third party unless the employer intended for the harassment to occur. This stark departure...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

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Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

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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

Jaburg Wilk

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

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Filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) can be confusing when determining who the employer is. That’s especially true in a complex corporate environment, where...more

Phelps Dunbar

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

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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

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

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Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

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Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Butler Snow LLP

Ames v Ohio Department of Youth Services: SCOTUS Removes Additional Requirement in “Reverse Discrimination” Cases

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In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

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If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

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