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.
Articles Discussing Sexual Harassment By Non-Employees.
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.
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial
A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a former assisted living facility certified nursing assistant who was allegedly harassed by a patient, can proceed with her hostile work environment claim to trial. The Court reversed the district court’s grant of summary judgment in favor of the employer.
Danger Ahead: Employer Liability For Third-Party Harassment
On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can be liable under Title VII for third parties that create a hostile work environment, provided the employer knew or should have known of the harassment and failed to take prompt remedial action to end it.
Fourth Circuit Holds Employer Liable for Third-Party Racial and Sexual Harassment
In its first published opinion on the topic, the U.S. Court of Appeals for the Fourth Circuit recently ruled in Freeman v. Dal-Tile Corp. that an employer is liable for harassment by a third party when the employer knows or reasonably should have known about the harassment and fails to take prompt, remedial action reasonably calculated to end the harassment.
Third-Party Harassment Could Lead To Employer Liability
Most employers understand the significant consequences of sexual harassment at the workplace and take proactive measures to train employees about proper conduct. However, liability is not limited to the conduct of employees. Employers also have a responsibility to prevent sexual harassment by third parties such as clients, vendors, patients, and customers, when the employer knows about the conduct and fails to take any corrective action. Although third-party harassment is reportedly just as common, many employers do not take appropriate steps to prevent it.