Sexual harassment at work can be traumatic, and it’s even more complicated when the harasser isn’t a coworker or supervisor. Third-party sexual harassment occurs when someone who isn’t employed by your workplace—such as a customer, client, vendor, or contractor—engages in unwelcome conduct of a sexual nature. This behavior can create a hostile work environment, interfere with your ability to do your job, and take a toll on your emotional well-being.
Employers have a legal obligation to provide a safe workplace, which includes protecting employees from harassment by third parties. While the harasser may not work for your employer, your employer must take reasonable steps to address and prevent the behavior once they are made aware of it. Failing to act can make them liable for the harm you experience.
How Third-Party Harassment Happens
Third-party harassment occurs in many industries but is especially common in jobs that require interaction with the public. For example, a restaurant worker may face inappropriate comments from customers, or a retail employee might endure unwelcome touching from a vendor during deliveries. These situations often arise because the harasser feels emboldened by the fact that they’re not employed by your company, assuming their actions will go unpunished.
The impact on employees can be severe. Experiencing harassment—even from someone outside the workplace—can cause anxiety, stress, and a loss of confidence in your employer’s ability to protect you. If the behavior isn’t addressed promptly, it can escalate, leaving the affected employee feeling powerless and unsupported. Employers who don’t act can send the message that such behavior is acceptable, further enabling the harasser.
Recognizing Examples of Third-Party Harassment
Third-party harassment can take many forms, and recognizing it is the first step in addressing the problem. Some examples include:
- Unwelcome comments: A client repeatedly making inappropriate jokes or remarks about your appearance.
- Physical advances: A vendor attempting to hug or touch you in a way that makes you uncomfortable.
- Propositions or threats: A customer asking for sexual favors in exchange for business or threatening retaliation if you refuse.
- Visual harassment: Contractors displaying obscene or sexually explicit materials while on your work premises.
If these behaviors occur, document them carefully. Record dates, times, and descriptions of each incident, and note whether there were any witnesses. This documentation can be crucial if you decide to report the harassment to your employer or take legal action.
While it’s not always easy to come forward, remember that you have the right to a workplace free of harassment. Reporting these incidents can help protect you and others from further harm.
Employer Responsibilities in Third-Party Harassment Cases
Employers have a duty to maintain a workplace free from harassment, including harassment by third parties. When harassment is reported, they must act quickly to investigate and resolve the issue. This responsibility stems from workplace anti-discrimination laws, such as Title VII of the Civil Rights Act, which requires employers to take reasonable steps to address and prevent harassment.
Reasonable steps might include:
- Implementing a clear reporting system: Employers should provide employees with a straightforward way to report harassment, including incidents involving third parties.
- Conducting thorough investigations: Reports of harassment should be taken seriously and investigated promptly.
- Communicating policies clearly: Anti-harassment policies should explicitly address third-party harassment and outline how the company will respond.
- Taking action against harassers: Employers can limit or end relationships with third parties who engage in harassment, such as terminating contracts or banning customers from the premises.
If your employer refuses to act or minimizes the harassment, they may be violating the law, and you may have a valid claim for legal recourse.
What You Can Do If You Experience Third-Party Harassment
If you experience third-party harassment, you have options to address the issue. First, report the behavior to your employer as soon as possible. Use the reporting system outlined in your company’s anti-harassment policy, and be clear about the details of the harassment. Employers are legally required to investigate and take appropriate action, even if the harasser doesn’t work for them.
If your employer doesn’t take your concerns seriously or retaliates against you for reporting, you may have grounds to pursue a legal claim. An experienced employment lawyer can help you evaluate your situation and determine the best course of action.
Taking action can feel daunting, but it’s an important step in holding harassers accountable and ensuring your workplace is safe for everyone. You deserve to work in an environment where you feel respected, valued, and protected from harm.
Contact Donati Law, PLLC if you need help holding your employer legal accountable for violating your rights at work.