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Vicarious Liability › Sexual Harassment › Statutory Interpretation

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

Robins Kaplan LLP

What’s Good for the Goose is Good for the Government

Robins Kaplan LLP on

Sterry v. Minnesota Department of Corrections, 8 N.W.3d 224 (Minn. 2024) places Minnesota governmental employers on the same footing as private employers for the purposes of vicarious liability. The State, cities, and...more

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