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
Articles Discussing Sexual Harassment Under Title VII of the Civil Rights Act of 1964.
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
#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?
Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument was recorded and can be found here.
A Month for Love: Romance at Work
If television has taught us anything, it’s that romance can blossom in the workplace, especially when colleagues spend a significant amount of time together.
Love Actually (Might Cause Legal Troubles for Employers)
Valentine’s Day is around the corner, so the time is right to consider the legal pitfalls of office romances.
Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals
The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively.
Beetlejuice: The Horrors of Workplace Romances and Unconscionable Contracts
Spooky season is nearly upon us, appropriately heralded in by the much-anticipated sequel to the original Beetlejuice film from 1988. The latest film, Beetlejuice Beetlejuice, welcomes back fan favorites Michael Keaton as the titular character Betelgeuse, Winona Ryder as former goth princess Lydia Deetz, and Catherine O’Hara as everyone’s favorite stepmother,
From Office Romance to Courtroom Drama: Lessons from ‘Presumed Innocent’
Raymond Horgan, the District Attorney of Kindle County, declares “it’s Rusty’s case,” in the premier of Apple TV+’s legal thriller, Presumed Innocent. The “case” concerns the brutal murder of Carolyn Polhemus, a respected prosecutor who had an affair with her coworker—the Rusty Sabich. Rusty justifies his assignment based on merit