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
Articles Discussing Sexual Harassment Under Title VII of the Civil Rights Act of 1964.
EntertainHR: St. Denis Medical—Taking ‘Love Contracts’ to the Next Level
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
Sixth Circuit Finds Sexual Harassment Claim Can Bar Entire Case From Arbitration
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
Dear Littler: What can we do (legally!) about broken hearts in the workplace?
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
Where Muldrow Ends: Tenth Circuit Refuses to Extend Relaxed Harm Standard to Hostile Work Environment Claims
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
EEOC Rescinds Enforcement Guidance on Harassment
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
EntertainHR: Flag on the Play: Power Dynamics and Workplace Romance
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
Federal Court Adopts Stricter Standard for Employer Liability in Third-Party Harassment Cases
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.
Inside the Exclusive: Highly Sensitive Sexual Harassment and Assault Investigations (Podcast)
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
Sixth Circuit Limits Employer Liability for Harassment by Nonemployees
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
Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar
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
Sixth Circuit Requires Proof of Intent for Employers to be Liable for Harassment by a Nonemployee
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.
A Hot Take on a Cold Play: How Properly Negotiated Executive Contracts Can ‘Fix You’ Following Executives’ Bad Behavior
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
Did You Hear? The Third Circuit Says Rumors Can Create a Hostile Work Environment
A recent decision from the U.S. Court of Appeals for the Third Circuit offers a powerful reminder that workplace rumors—especially those rooted in gender stereotypes—can rise to the level of unlawful harassment under Title VII of the Civil Rights Act of 1964. The case underscores the potential impact of gossip
Caught in the Act: Practical and Legal Considerations When Executives’ Office Love Affair Exposed
A tech CEO recently garnered headlines after a clip of him being shown on the big screen at a Coldplay concert affectionately embracing a woman who is reportedly the company’s chief people officer and head of human resources (HR)—but not his wife—spread across social media. The incident has prompted allegations