JD Supra

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

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 ...
JD Supra

Virginia General Assembly Expands Employer Liability for Acts Done by Employees

Virginia law now provides a private right of action against employers for “vulnerable victim[s]” injured by an employee. As of July 1, 2025, employers have a duty to “exercise reasonable care” in ...
Opinion

Not Your Employee, Not Your Problem? Unpacking Sixth Circuit’s Corporate Liability Ruling for Title VII Harassment Claims

The court said if the accused is not an “agent” of the employer, it comes down to intent. More specifically, the court held that an employer can be held liable for harassment by a nonagent only if the ...
Law

The 'Substantial Certainty' of Employer Liability Policies

We believe that the Supreme Court in its unanimous opinion in Rodriguez v. Shelbourne Spring is correct and maintains the delicate balance between scheduled award provisions of the act and the ...