Four recent decisions by federal courts show just how much weight an employer’s investigation can hold in litigation, for better or worse. Investigation quality does not operate on a simple pass/fail switch. It moves along a spectrum, and where an employer’s investigation lands on that spectrum — from “feeble” to “flawed” — can decide a
The Equal Employment Opportunity Commission (EEOC) is positioned for another rescission mission. Recall that recently, the EEOC rescinded the 2024 Enforcement Guidance on Harassment in the Workplace and two affirmative action documents. The commission’s apparent next mission relates to the EEO-1 report and a number of related reports, which include the EEO-2, EEO-3, EEO-4
As summer approaches, many organizations welcome interns and host a variety of social events, including happy hours, outings, and team-building activities. While these programs can boost morale and provide valuable networking opportunities, they also introduce additional workplace risks, particularly when alcohol, power dynamics, and inclusion concerns intersect. For employers with summer interns, thoughtful planning can
On January 16, 2026, a federal jury in Atlanta awarded $5.5 million to a security guard who alleged that her security company’s vice president of operations sexually harassed her.
The plaintiff, Makita Bryant, sued both the security company and the vice president in his individual capacity. For her claims against the security company, Bryant was
Update: The EEOC voted 2-1 along party lines to rescind the 2024 Enforcement Guidance on Harassment in the Workplace in its entirety. The EEOC’s objections to the guidance primarily related to the sections of the guidance regarding harassment based on sexual orientation and gender identity, including with respect to preferred pronouns and bathroom access. However
While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon. One area of interest for the EEOC is its Enforcement Guidance on Harassment in the Workplace issued in 2024. We blogged about that 2024
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment.
The Equal Employment Opportunity Commission and the
If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles, a California appeals court recently upheld a $4 million verdict for a former Los Angeles Police
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a fact sheet for small businesses. This is the EEOC’s first update to its harassment guidance in 30 years
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections, the Eleventh Circuit Court of Appeals said it could, vacating and remanding a trial court’s grant of summary judgment on