Summary

On October 16, 2026, NWLC filed an amicus brief on behalf of itself and the National Employment Lawyers’ Association in the Seventh Circuit Court of Appeals in Smith v. Caterpillar, Inc. In this case, plaintiff Yuri Smith, who is Black, alleged that his employer failed to intervene or otherwise assist him when a white coworker’s significant other physically attacked him in the workplace parking lot—even after the coworker had threatened him and he had brought that threat to the attention of his supervisors before the attack happened. Disregarding longstanding Seventh Circuit precedent, the district court ruled that employers cannot be held liable for workplace harassment by a non-employee under Title VII of the Civil Rights Act of 1964 unless the employer intentionally exposed the employee to harassment. 

The brief points out that the district court ignored United States Supreme Court guidance and the standard adopted by the Seventh Circuit and eight other circuit courts of appeal when it adopted an “intentionality” standard for third-party harassment liability rather than the widely applied negligence standard. The brief explains how holding employers to a negligence standard simply requires employers to act reasonably, whereas a substantial-certainty or intentionality standard incentivizes employer ignorance and inaction, leaving employees without meaningful protection. The brief concludes that the negligence standard for third-party harassment is essential to prevent widespread harm in the workplace and fulfil the remedial purpose of anti-discrimination law.