Sixth Circuit Requires Proof of Intent for Employers to be Liable for Harassment by a Nonemployee
On August 8, 2025, in Bivens v. Zep, Inc ., the United States Court of Appeals for the Sixth Circuit held that employer liability for nonemployee harassment requires proof of the employer’s intent, a departure from the previous negligence standard historically relied upon by other federal appellate courts in accordance with prior EEOC guidance. Background Dorothy Bivens, a Black sales representative for Zep (a cleaning products manufacturer), was terminated during a company-wide reduction in force. Prior to termination, Bivens experienced an incident where a client of Zep, while she was at the client’s workplace, locked her in his office and asked to date her. She reported this to her supervisor, who reassigned the client to another sales team. Later, Bivens was terminated as part of a reduction in force. Following her termination, Bivens sued Zep for hostile work environment, harassment, retaliation, and discrimination in violation of Title VII of the Civil Rights Act of 1964 (Ti...