In Bivens v. Zep, 6th Cir., No. 24-2109 (August 8, 2025) the U.S. Court of Appeals for the Sixth Circuit addressed the question of when an employer may be legally responsible for harassment of its employees by a nonemployee. The court said if the accused is not an “agent” of the employer, it comes down to intent. More specifically, the court held that an employer can be held liable for harassment by a nonagent only if the employer intended for the harassment to occur.

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The scope of what is considered to be “wrongdoing or waste” has been found to be relatively narrow by courts interpreting that statute, especially the U.S. District Court for the Middle of District of Pennsylvania. And the biggest hurdle to making a claim under the Pennsylvania Whistleblower Law is that the employer must be a “public body.”

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