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Sixth Circuit Breaks from Other Circuits on Liability for Sexual Harassment by Customer

Sixth Circuit Breaks from Other Circuits on Liability for Sexual Harassment by Customer

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...
Sixth Circuit Finds Sufficient Comparator Evidence – Reverses on Gender Discrimination Claim

Sixth Circuit Finds Sufficient Comparator Evidence – Reverses on Gender Discrimination Claim

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...
Sixth Circuit Affirms Jury Verdict for Sexual Harassment

Sixth Circuit Affirms Jury Verdict for Sexual Harassment

by Mark Travis | Sep 3, 2024 | Title VII

After a four-day trial and three days of deliberations, a jury in the Eastern District of Tennessee found in favor of the plaintiff Ariel Schlosser, awarding $58,170.00 in back pay incurred subsequent to her resignation. Schlosser was hired as a certified diver for...
Employee’s Title VII Claims Survive “Last Chance Agreement”

Employee’s Title VII Claims Survive “Last Chance Agreement”

by Mark Travis | Sep 1, 2024 | Labor Law, Title VII

In Moore v. Coca-Cola Bottling Company Consolidated (6th Cir., No. 23-3775, 08/22/2024), the plaintiff Moore signed a Second Chance Agreement (SCA) after a positive drug test. Later, due to an insubordination charge, he signed a Last Chance Agreement (LCA) which...
Sixth Circuit Finds Sufficient Comparator Evidence – Reverses on Gender Discrimination Claim

Sixth Circuit Finds Complaint Sufficiently Alleges Failure to Accommodate Religious Beliefs

by Mark Travis | Aug 30, 2024 | Title VII

In Sturgill v. American Red Cross (6th Cir., No. 24-1011, 08/21/2024), the employer fired Sturgill for not getting a COVID vaccination, finding that she was medically—but not religiously—opposed to the vaccine. Sturgill sued, alleging a failure to accommodate her...
Sixth Circuit Reverses SJ in Failure to Promote Case

Sixth Circuit Reverses SJ in Failure to Promote Case

by Mark Travis | May 23, 2023 | Title VII

In Levine v. DeJoy (6th Cir., No. 22-1388, 04/10/23), Levine sued the United States Postal Service (USPS), alleging discrimination by failing to promote her based on race. The Sixth Circuit reversed the trial court’s summary judgment for the employer. Levine, an...
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Recent Posts

  • Sixth Circuit Breaks from Other Circuits on Liability for Sexual Harassment by Customer
  • Sixth Circuit Affirms Vacatur of Jury Verdict in ADEA Case
  • Sixth Circuit Reverses SJ on Potential Cat’s Paw Analysis
  • Not So Fast – 4th Circuit Holds Attempt to Vacate Labor Arbitration Award Premature
  • Sixth Circuit Finds Sufficient Comparator Evidence – Reverses on Gender Discrimination Claim

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