Overview

• The ruling, issued August 8, is binding in Kentucky, Michigan, Ohio, and Tennessee and departs from EEOC guidance and most other circuits that apply a negligence standard.
• Relying on the Supreme Court’s Loper Bright decision, the court treated EEOC interpretations of Title VII as non‑controlling in assessing liability for nonemployee conduct.
• In the underlying case, the employer reassigned the customer account after the complaint, then later eliminated the salesperson’s role in a revenue‑based reduction in force.
• The Sixth Circuit affirmed dismissal of retaliation claims, noting the termination decision‑maker had no knowledge of the employee’s prior complaint.
• Employers face a higher liability threshold in the circuit, and commentators urge maintaining strong policies, training, and contractual safeguards, with possible petitions for rehearing or Supreme Court review noted.