Workplace Harassment

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Civil Rights Act of 1964 Title VII written in business textbook

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., non-employees such as an employer’s customers or clients). The court rejected the prevalent negligence standard and instead held that a plaintiff must show that an employer “intended” for the harassment by the non-employee to occur.Continue Reading Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Amidst gridlock in the UK Parliament, the Worker Protection Bill (“the Bill”), an amendment to the Equality Act 2010 that was introduced to place a duty on employers to proactively protect employees from sexual harassment in the workplace, has been scaled back.Continue Reading New UK Employer Duty to Prevent Sexual Harassment to Be Watered Down

New York State has released updated sexual harassment prevention materials for employers, which now include information related to gender identity, bystander intervention, remote work, and new methods of reporting harassment.  Following the release of a proposed “Sexual Harassment Prevention Model Policy” on January 12, 2023, and a subsequent notice and comment period, the New York Department of Labor released its final updated Sexual Harassment Model Policy (the “Model Policy”) for employers on April 11, 2023.  Employers may adopt the new Model Policy, or they may write their own policy, provided that such policy complies with minimum standards outlined in New York Labor Law section 201-g.Continue Reading New York State Releases Its Finalized Updated Model Sexual Harassment Prevention Policy

As a reminder to employers in Chicago, anti-sexual harassment training is required by Chicago’s Human Rights Ordinance and must be completed by July 1, 2023.  This requirement applies to all Chicago employers, regardless of size or industry.Continue Reading Sexual Harassment Prevention Training Deadline Approaches for Chicago Employers

Effective July 14, 2022 (pursuant to legislation amending the New York State Human Rights Law that was signed by New York State Governor Kathy Hochul in March 2022), New York established a telephone hotline that employees can use to report incidents of sexual harassment to the New York State Division of Human Rights.   The hotline number is 800-HARASS-3 ((800) 427-2773) and will be staffed, on a pro bono basis, by NYS attorneys who have expertise in employment law and sexual harassment issues.  The hotline can be called Monday through Friday, 9:00 a.m. to 5:00 p.m.Continue Reading NYS Sexual Harassment Hotline Goes Live