Sexual Harassment » Employment Law Information Network

Third-Party Harassment Claims

Shaw Law Group, PC — Mon, 18 May 2026 23:53:46 +0000

Most employers understand their obligation to address harassment by supervisors and coworkers. Fewer appreciate the risk posed by people who do not work for the organization at all, including customers, vendors, contractors, patients, clients, and

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A Tale of Two Standards: Supreme Court Lets Conflicting Rules on Third-Party Harassment Stand

Ogletree Deakins — Thu, 23 Apr 2026 16:34:38 +0000

The Supreme Court of the United States recently denied certiorari in Bivens v. Zep, Inc., leaving in place a stark circuit split on the standard for employer liability when customers or other third parties harass employees.

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Defensible Decisions: Leaning Into the Law After EEOC Rescinds Anti-Harassment Guidance (Podcast)

Ogletree Deakins — Thu, 19 Mar 2026 18:51:27 +0000

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s

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EntertainHR: St. Denis Medical—Taking ‘Love Contracts’ to the Next Level

Ford Harrison — Tue, 17 Mar 2026 14:03:30 +0000

Following in the workplace comedy mockumentary footsteps of shows like The Office and Superstore, St. Denis Medical focuses on the staff of an Oregon hospital as they navigate the stress of medical emergencies amidst the often absurd details of their personal and professional relationships. This all-star ensemble cast includes the hilarious Wendi McLendon-Covey as Joyce, the hospital

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Sixth Circuit Finds Sexual Harassment Claim Can Bar Entire Case From Arbitration

Ogletree Deakins — Thu, 12 Mar 2026 15:38:15 +0000

On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit ruled in Bruce v. Adams and Reese, LLP that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of

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Dear Littler: What can we do (legally!) about broken hearts in the workplace?

Littler — Tue, 10 Feb 2026 17:34:17 +0000

Dear Littler: What can we do (legally!) about broken hearts in the workplace? Dear Littler: I’m a manager at a mid-sized company, and I overheard in the breakroom that two of our employees who were dating appear to have broken up, and another employee announced he is in the process

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Where Muldrow Ends: Tenth Circuit Refuses to Extend Relaxed Harm Standard to Hostile Work Environment Claims

Ogletree Deakins — Sun, 25 Jan 2026 21:15:58 +0000

The Supreme Court of the United States lowered the bar for establishing a discrimination claim under Title VII of the Civil Rights Act of 1964 in its 2024 opinion, Muldrow v. City of St. Louis, holding that an employee need only show “some” harm—not a significant change—in working conditions. According

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EEOC Rescinds Enforcement Guidance on Harassment

Littler — Thu, 22 Jan 2026 18:43:13 +0000

EEOC Rescinds Enforcement Guidance on Harassment On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to rescind the guidance was approved two-to-one, with Chair Andrea Lucas (R) and Commissioner Britanny Panuccio (R) voting to repeal the

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EntertainHR: Flag on the Play: Power Dynamics and Workplace Romance

Ford Harrison — Thu, 15 Jan 2026 15:14:12 +0000

Michigan football recently made headlines after the university terminated its head football coach following an internal investigation that revealed “credible evidence” of an inappropriate relationship between the former coach and a staff member. The university later affirmed its “zero tolerance” policy for such behavior. The decision and resulting headlines underscore the legal and reputational consequences that can arise when

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Federal Court Adopts Stricter Standard for Employer Liability in Third-Party Harassment Cases

Ogletree Deakins — Tue, 25 Nov 2025 13:32:46 +0000

On October 31, 2025, a federal district court ruled that the University of Pennsylvania could not be held liable for harassing behavior by a student toward a research associate. The case sheds light on an evolving standard for employer liability for harassment by non-employees.

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Inside the Exclusive: Highly Sensitive Sexual Harassment and Assault Investigations (Podcast)

Ogletree Deakins — Mon, 17 Nov 2025 13:11:34 +0000

In this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims

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Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

Littler — Tue, 19 Aug 2025 19:03:29 +0000

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees 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 from

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

Ogletree Deakins — Sun, 17 Aug 2025 17:52:38 +0000

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. This ruling diverges sharply from the stance of the U.S. Equal Employment Opportunity Commission (EEOC) and all

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

Ford Harrison — Fri, 08 Aug 2025 12:00:00 +0000

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 previous negligence standard historically relied upon by other federal appellate courts in accordance with prior EEOC guidance.

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A Hot Take on a Cold Play: How Properly Negotiated Executive Contracts Can ‘Fix You’ Following Executives’ Bad Behavior

Ogletree Deakins — Wed, 30 Jul 2025 16:55:43 +0000

Forced song title references aside, the recent scandal at a Coldplay concert has become a hotly discussed topic across popular culture. Although an executive’s alleged public dalliance with a subordinate—who also happens to be an executive in human resources—may be an entertaining read generally, in today’s hyper-connected world, coupled with

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