News & Analysis as of

Title VII › Sexual Harassment › Hostile Environment

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 -
Saul Ewing LLP

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

Saul Ewing LLP on

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

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

Proskauer - Law and the Workplace on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

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

Bradley Arant Boult Cummings LLP on

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

FordHarrison

Sixth Circuit Requires Proof of Intent for Employers to be Liable for Harassment by a Nonemployee

FordHarrison on

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

Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

Gould + Ratner LLP on

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

Robinson Bradshaw

EEOC Guidance Partially Vacated: What’s an Employer to Do?

Robinson Bradshaw on

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

Holland & Hart - Employers' Lawyers

A Shoddy Investigation Is Not Retaliatory

Holland & Hart - Employers' Lawyers on

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

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

Mandelbaum Barrett PC on

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

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

Amundsen Davis LLC on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

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

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

Littler

“It Ends with Us” Employment Litigation: Lessons for Hollywood Employers

Littler on

Actor Blake Lively’s December 31, 2024, lawsuit against Wayfarer Studios, LLC, director and producer Justin Baldoni, and several others associated with the movie It Ends with Us has cast a spotlight on evolving employment law...more

U.S. Equal Employment Opportunity Commission...

Prosero Management and Prestigious Placement to Pay $215,000 in EEOC Harassment and Retaliation Suit

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

Staffing Agency and Management Group Settle Federal Charges They Subjected Female Employees to Hostile Environment at Memphis Warehouse - MEMPHIS, Tenn. – Prestigious Placement, Inc., and Prosero, Inc., will pay $215,000...more

U.S. Equal Employment Opportunity Commission...

Jury Awards $2.17 Million Against SkyWest Airlines for Sex Discrimination

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

Federal Agency Charged Airline Failed to Address Sexually Hostile Work Environment - DALLAS – A federal jury has awarded $2 million in punitive damages against SkyWest Airlines, a Utah-based airline, and $170,000 for...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

U.S. Equal Employment Opportunity Commission...

Formel D USA, Inc. to Pay $80,000 in EEOC Sexual Harassment and Retaliation Lawsuit

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

Federal Agency Charged National Automotive Service Provider Failed to Protect Female Employee from Supervisor’s Harassment and Retaliation - DETROIT – Formel D USA, Inc., an automotive quality control company with...more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

Farella Braun + Martel LLP on

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Three Sexual Harassment Lawsuits

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

Federal Suits Charge Employers Failed to Protect their Employees from Hostile Work Environments and Retaliated Against Those Who Complained - ST. LOUIS –The U.S. Equal Employment Opportunity Commission (EEOC) filed three...more

U.S. Equal Employment Opportunity Commission...

EEOC’s Phoenix District Sues Three Employers for Sexual Harassment

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

Federal Agency Alleges Wyoming Trucking Company, Utah Janitorial Service Company, and Arizona Operator of Senior Living Communities Allowed Work Environments Hostile to Female Workers - PHOENIX – The U.S. Equal Employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two New York Area Employers for Sexual Harassment

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

Federal Lawsuits Allege Restaurant and Car Dealership Allowed Hostile Work Environment to Fester - NEW YORK – The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits today against two New York employers...more

U.S. Equal Employment Opportunity Commission...

Pero Family Farms Company to Pay $40,000 in EEOC Sexual Harassment Lawsuit

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

Settles Federal Suit Charging Fresh Produce Supplier Allowed Hostile Work Environment to Fester - GRAND RAPIDS, Mich. – Pero Family Farms Food Company, LLC, will pay $40,000 in compensatory damages and furnish other relief...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Bradley Arant Boult Cummings LLP on

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues St. Cloud Area Family YMCA for Sexual Harassment

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

Federal Lawsuit Charges Fitness Center Subjected Employees, Including Teens, to Hostile Work Environment and Failed to Take Prompt Action to Stop Harassment - MINNEAPOLIS – The St. Cloud Area Family YMCA violated federal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Farmacias Carimas for Sexual Harassment and Constructive Discharge

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

Federal Agency Charges Manager of Pharmacy Chain Subjected Employee to Sexual Harassment, Forcing Her to Resign - SAN JUAN, Puerto Rico – Farmacias Carimas, a retail pharmacy chain, violated federal law when its manager...more

U.S. Equal Employment Opportunity Commission...

Balfour Beatty Infrastructure, Inc. to Pay $80,000 to Settle EEOC Sexual Harassment and Retaliation Suit

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

Federal Agency Charged Construction Company Allowed Sexual Harassment of Female Truck Driver and Retaliated Against Her After She Complained - RALEIGH, N.C. – Balfour Beatty Infrastructure, Inc., a highway construction...more

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