Jon Ksiazek, Labor & Employment senior counsel, was recently featured in Law360’s Employment Authority article, “EEOC Looks To Patch Cracks In Harassment Case Law.”
The article looks at how federal courts are beginning to split on whether employer liability for third‑party harassment should continue under the long‑standing negligence standard or move toward the Sixth Circuit’s new intent‑based approach. The article also highlights that the EEOC has urged the Third Circuit to reaffirm the negligence standard, noting that shifting toward intent would break from decades of precedent and could weaken key workplace protections. With this emerging divide, the issue may ultimately need clarification from the Supreme Court.
Read the full article here (subscription may be required).
