When are employers liable for harassment by non-employees, such as customers, students, or patients?  The EEOC – and nearly every circuit – applies a negligence standard:  what did the employer know or should have known, and what did they do in response.​

In Bivens v. Zep (2025), the Sixth Circuit declared that an “intent” standard is appropriate.  Under this standard, employers are only liable if it was evident that they “intended” for the harassment to occur.​

In a recent International Risk Management Institute (IRMI) article, Noah Bunzl discusses​t​ the impact of the Bivens decision, the scope of the circuit split, and what the decision means for employers going forward.

Read the full article here. https://www.irmi.com/search?query=bunzl&collection=irmi%7Esp-search-redesign&f.Tabs%7Cirmi%7Eds-web=All+IRMI+Content

(The article is available behind a pay wall.)