
Publication
Employer intent—not negligence—now governs employer liability for client harassment in the US Sixth Circuit
In a stark deviation from the EEOC’s guidance and several other federal courts, the Sixth Circuit Court of Appeals recently held in Bivens v. Zep, Inc., No. 2:23-cv-11398 that an employer can only be held liable for a client/customer’s harassment of an employee if the employer intended for the harassment to occur.