by Mark Travis | Aug 16, 2025 | Title VII
In a break from the EEOC and other circuits, in Bivens v. Zep, Inc. (6th Cir. No. 24-2109, 08/08/2025) the Sixth Circuit held that an employee must prove intent—not merely negligence—when claiming employer liability for harassment by a customer. Bivens, a salesperson...
by Mark Travis | Aug 8, 2025 | ADEA
In Lowe v. Walbro (6th Cir., No. 24-2011, 08/05/2025), a jury found that Kenneth Lowe was discharged because of his age. The trial court vacated the verdict, and the Sixth Circuit affirmed. Lowe’s position had been eliminated and he had no direct evidence of age...
by Mark Travis | Aug 8, 2025 | ADA
In Gray v. State Farm Mutual Auto Insurance Co. (6th Cir., No. 24-3086, 07/25/2025), Gray sued for retaliation under the ADA. The district court granted summary judgment for the employer, and the Sixth Circuit reversed. In this case, a supervisor was alleged to have...
by Mark Travis | Jul 28, 2025 | Arbitration, Labor Law
In Wheeling Power Co v. Local 492 Utility Workers Union (4th Cir., No. 23-1157, 07/25/2025), Wheeling Power Company operated a power plant (the “Mitchell Plant”) whose employees were members of Local 492. A collective bargaining agreement recognized Local 492 as the...
by Mark Travis | Jul 27, 2025 | Title VII
In Hayes v. Clariant Plastics & Coatings USA (6th Cir., No. 24-1336, 07/18/2025), the plaintiff was terminated as part of a reduction in force. She sued, alleging age and sex discrimination, and hostile work environment. The district court granted summary judgment...
