Many people think of sexual harassment as something that only takes place between co-workers or between a supervisor and an employee. However, people outside your organization also can commit workplace sexual harassment. This is known as third-party harassment.
Experiencing harassment at work is traumatic and can make it hard to perform your job well. The stress of a hostile work environment can be defeating when your employer doesn’t take action to stop a third party from harassing you. No matter who’s responsible for the misconduct, your employer is legally obligated to maintain a workplace free from sexual harassment.
If you’ve experienced sexual harassment at work, contact a sexual harassment attorney for help.
What Is Third-Party Harassment?
The Equal Employment Opportunity Commission, or EEOC, defines sexual harassment as unwelcome sexual advances, verbal sexual commentary, physical sexual contact, and offensive remarks about a person’s sex. Third-party harassment occurs when someone who doesn’t share a common employer with their victim engages in this type of conduct in their workplace.
Many people with whom employees regularly interact with at work can commit third-party harassment. Potential culprits include customers, clients, external vendors, and independent contractors. Employees who regularly interface with the public can be at greater risk of third-party harassment because of the large number of people they interact with every day.
How Does Third-Party Harassment Affect a Workplace?
Sexual harassment of any type makes the victim feel uncomfortable and unsafe at work. Third-party harassment can exacerbate these feelings because the victim may believe they have no recourse against the harasser. Many employers have clear policies for reporting sexual harassment by a co-worker or supervisor. However, they often lack guidance on how to handle sexual harassment committed by external parties such as customers or contractors.
Third-party harassment can have a toxic impact on the entire company. Besides making the victim feel isolated and upset, it can cause other employees to fear similar harassment. This anxiety can make it difficult for workers to complete their work effectively.
Fear of third-party harassment can be particularly damaging when the harasser plays an integral role in the employee’s work. Workers may dodge important aspects of work to avoid harassment. For instance, they may fail to follow up on contracts, avoid interactions with important customers, or stall projects that require external approval.
What Are Examples of Third-Party Harassment in the Workplace?
Workers can face many types of third-party harassment. Here are a few common scenarios:
- A client makes sexual comments or advances to employees over the phone.
- A repeat customer makes derogatory remarks about female employees’ bodies or perceived professional skills due to their sex.
- An independent contractor takes advantage of their access to the workplace to make unwanted sexual contact with employees.
- A vendor sends employees sexually explicit emails, photos, or text messages.
Any conduct that targets employees due to their sex or introduces unwanted sexual advances constitutes sexual harassment, regardless of whether the perpetrator works for the victim’s employer. It’s important to address sexual harassment whenever you see it, including harassment committed by external parties.
Who Is Liable for Third-Party Harassment?
Liability issues in cases of third-party harassment can be difficult to resolve. Depending on your employer’s relationship with the third party and awareness of their harassing conduct, your employer could potentially be held liable for the harassment you experienced. Under federal law, an employer may be liable for harassing conduct perpetrated by non-employees over whom it has control, such as contractors or customers.
The structure of workplace harassment claims generally means that the plaintiff must sue their employer rather than a third party. It can be difficult to sue third parties for workplace harassment unless the matter constitutes a tort or personal injury claim. Generally, keeping employees safe at work is considered the employer’s responsibility.
It may not be immediately obvious that your employer could be liable for third-party harassment because they don’t employ the harassing party. However, if your employer knows that you’re experiencing third-party harassment at work and does nothing to stop the offensive conduct, it could be held liable for creating a hostile work environment. A hostile work environment lawyer can advise you on whether this is true in your case.
What Should Employers Do To Prevent Third-Party Harassment?
Protecting workers from third-party harassment isn’t just about making employees comfortable at work. Employers are legally responsible for providing their employees with a safe work environment and can be held liable for failing to do so.
This legal responsibility includes protecting workers from sexual harassment, including third-party harassment. As an employer, you can help prevent third-party harassment by taking steps such as:
Develop a Strong Policy
Institute a strong policy on third-party harassment and assault that clearly outlines what steps your organization will take if it occurs. These steps could include:
- Banning a harassing customer from the premises
- Removing a harassing independent contractor from the workplace, whether by arranging for a different worker with their employer or terminating the contract
- Rearranging employee schedules and responsibilities so those experiencing harassment no longer interact with the harassing party
Provide Workplace Training
Teach your employees to recognize, prevent, and appropriately report third-party harassment. Establishing robust sexual harassment training or revising existing training materials can also help educate employees about their rights and let them know you’re on their side if a third party harasses them at work. Recurring sexual harassment training, such as annual team meetings or assessments, can help you bolster an existing policy and more effectively prevent sexual harassment.
Respond to Complaints
It’s critical to take harassment complaints seriously and respond to them promptly. Create an effective process for submitting complaints and be transparent about how it works. Let employees know the following:
- Where to report harassment
- The steps you’ll take to investigate and manage the complaint
- The timeline in which they should expect to have the complaint resolved
- Any steps that will be taken to separate the harasser from the victim and prevent future harassment
Talking to a sexual harassment attorney can help you better understand your legal obligations as an employer and build proactive, legally sound resources to keep employees safe.
Contact Joseph & Norinsberg for Your Employment Law Cases
If you’re being sexually harassed at work, struggling with a hostile work environment, or need help with another employment law issue, Joseph & Norinsberg can help. Our highly skilled, tenacious New York employment lawyers have over 75 years of collective experience representing workers. We’re passionate about representing the underdog and fighting for your right to a safe workplace. Our relentless work ethic, exceptional trial skills, and genuine empathy for every client make us the right firm for you.
Contact us online or call (212) 227-5700 today for your free legal consultation.
