Third-party sexual harassment occurs when someone who is not associated with the employer sexually harasses an employee. There are many different third parties who could engage in sexual harassment, such as vendors, suppliers, customers, and clients of the employer.
Third-party sexual harassment must meet the regular definition for sexual harassment, which means that it must be pervasive or severe enough to create an abusive or hostile work environment where the employee feels threatened. If a complaint is filed, it must be properly addressed so the action is stopped.
What Is Considered Third-Party?
If an employee reports that he or she has suffered sexual harassment because of a third party, it could involve one of many groups. Third-party groups may include customers, clients, suppliers, or vendors who conduct business with the individual’s employer.
The employer has a responsibility for the actions of these third parties when they are on their work sites or dealing with their employees, and if inappropriate behavior takes place they should have specific procedures and protocol in place to address these inappropriate behaviors by third parties who make their employees feel intimidated or threatened.
A supervisor or human resources (HR) should be notified of the sexual harassment promptly. Maintain documentation and evidence to support the claim, showing that a report was filed and how the employer responded to the complaint. An employer has an obligation to protect its employees from such actions and behaviors, so make sure you maintain thorough files.
What Should You Do About Third-Party Sexual Harassment At Work?
If you are an employer and you have been told about third-party sexual harassment in the workplace, you have an obligation to address the issue and protect your employees. If an employee reports sexual harassment from a third-party, you have a duty to protect him or her from that behavior, and there are many ways that can be done. Some things that may be done to deter the behavior include:
- Terminating your business relationship with the harasser
- Confronting the harasser’s supervisor or boss about the inappropriate behavior
- Preventing the harasser from having any contact with the employee
- An employer can be held legally responsible for sexual harassment of its employees by a third-party if it is aware of the problem, or should have been aware of the problem and failed to take the appropriate and immediate action to correct the issue and to stop the behavior.
The definition of harassment is broader than many people realize. Workplace harassment can include any hostile behavior toward an individual that is based on race, religion, gender, color, age, disability, national origin, or any other legally protected characteristic. Harassment does not have to be physical in nature, and it can take place by email, via the Internet, telephone, writing or any form of communication.
When defining harassment, rank or authority does not play a role. Any individual can illegally discriminate or harass another individual. It can be a third-party, a manager against a subordinate, a subordinate against a manager, or by a manager against another manager.
Regardless of the perpetrator, sexual harassment is illegal and should be addressed promptly. If you have received any complaints about sexual harassment, you should make sure the problem is addressed and that it is put to a complete halt.
Get A Free Case Evaluation
If third-party sexual harassment has occurred in your workplace, you should enlist the help of an employment law attorney. An employment law attorney is licensed in handling sexual harassment claims and is familiar with both state and federal laws that apply to sexual harassment situations.
When you consult with a lawyer, you should discuss payment plans. Some attorneys will require a retainer to be paid in advance but there are some lawyers who will take such cases on a contingency basis. That means that your lawyer will not be paid until you win your claim and will not be compensated until you recover a settlement for damages.
There is a statute of limitations, which is a time limit, for pursuing a sexual harassment claim in such situations. If you wait too long, you cannot recover compensation for your damages.
You should act promptly and use the resources available to help you in such situations. Complete the Free Case Evaluation Form on this page today, so you can determine the best way to proceed with your sexual harassment claim after being the victim of third-party sexual harassment in the workplace.
