U.S. Supreme Court Declines Review in Bivens v. Zep: What the Ongoing Split Means for Employers

The U.S. Supreme Court has declined to review the Sixth Circuit’s decision in Bivens v. Zep, leaving intact that court’s holding that an employer’s liability under Title VII for harassment of employees by third parties depends on the employer’s intent. The Court’s decision also leaves in place a growing divide among the federal courts of appeals regarding the legal standard to establish liability on this issue.... By: FordHarrison