Sexual harassment in the workplace is a serious issue, and it becomes even more complex when the harasser is a third party, such as a client, vendor, or contractor. Understanding employer responsibilities and legal precedents in such cases is crucial for both employers and employees. This blog explores the nuances of employer liability in third-party sexual harassment cases under California law, highlighting legal precedents, policies and training to mitigate risks, and steps employees should take if they experience harassment from non-employees.

Legal Precedents and Employer Liability for Third-Party Harassment

Under California law, employers have a duty to provide a safe work environment, free from harassment, whether it comes from employees or third parties. Several legal precedents establish employer liability for third-party harassment.

California Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) is one of the primary statutes governing workplace harassment. FEHA makes it unlawful for employers to fail to take all reasonable steps necessary to prevent harassment from occurring. This duty extends to harassment by non-employees, such as customers, clients, and independent contractors.

Statistics and Resources:

• According to the California Department of Fair Employment and Housing (DFEH), there were over 7,000 harassment complaints filed in California in 2020, with a significant portion involving third-party harassment (DFEH).

Policies and Training to Mitigate Risks of Third-Party Harassment

Employers must implement comprehensive policies and training programs to mitigate the risks of third-party harassment and ensure a safe workplace for their employees.

Anti-Harassment Policies

Employers should develop and enforce clear anti-harassment policies that explicitly address third-party harassment. These policies should define unacceptable behavior, outline reporting procedures, and specify the steps the employer will take to investigate and address complaints.

Statistics and Resources:

• According to the Society for Human Resource Management (SHRM), 78% of organizations have updated their anti-harassment policies to include provisions for third-party harassment (SHRM).

Training Programs

Regular training programs are essential to educate employees about recognizing and responding to harassment. Training should include information on third-party harassment, emphasizing the importance of reporting such incidents and the protections available to employees.

Statistics and Resources:

• A study by the Harvard Business Review found that companies providing regular anti-harassment training saw a 20% decrease in harassment claims, demonstrating the effectiveness of education and awareness (Harvard Business Review).

Reporting Mechanisms

Employers must establish accessible and confidential reporting mechanisms for employees to report harassment by third parties. This can include dedicated hotlines, online reporting systems, or direct access to HR personnel.

Statistics and Resources:

• The Equal Employment Opportunity Commission (EEOC) recommends multiple reporting channels to ensure employees feel safe and supported in reporting harassment (EEOC).

Prompt Investigations

Employers are obligated to investigate all harassment complaints promptly and thoroughly. This includes complaints involving third parties. Employers should take immediate steps to protect the employee during the investigation and take appropriate corrective action based on the findings.

Statistics and Resources:

• The American Bar Association (ABA) notes that thorough investigations are critical in 85% of harassment cases to prevent recurrence and ensure a safe workplace (ABA).

Steps Employees Should Take If They Experience Harassment from Non-Employees

Employees who experience harassment from third parties should take several steps to protect themselves and ensure the issue is addressed effectively.

Document the Harassment

Employees should document all instances of harassment, including dates, times, locations, and any witnesses. Keeping detailed records can provide crucial evidence in support of their complaint.

Statistics and Resources:

• The Workplace Bullying Institute advises employees to maintain comprehensive documentation to build a strong case (Workplace Bullying Institute).

Report the Harassment

Employees should report the harassment to their employer as soon as possible, following the established reporting procedures. Prompt reporting can help prevent further incidents and ensure the employer can take timely corrective action.

Statistics and Resources:

• According to a survey by the EEOC, 70% of harassment victims did not report their experiences, underscoring the importance of accessible and trusted reporting systems (EEOC).

Seek Support

Experiencing harassment can be isolating and stressful. Employees should seek support from trusted colleagues, friends, or family members. Professional support, such as counseling services or employee assistance programs, can also be beneficial.

Statistics and Resources:

• The American Psychological Association (APA) found that 55% of individuals experiencing workplace harassment reported feeling isolated and stressed, emphasizing the importance of seeking support (APA).

Understand Your Rights

Employees should familiarize themselves with their rights under California law, including the protections offered by FEHA. Understanding their legal rights can empower employees to take appropriate action and seek justice.

Statistics and Resources:

• The California Department of Fair Employment and Housing provides resources and guidance on employee rights and protections (DFEH).

Conclusion

Employer liability in third-party sexual harassment cases under California law is a complex but critical area of employment law. Employers have a legal and ethical responsibility to provide a safe work environment, free from harassment, regardless of whether the harasser is an employee or a third party. By implementing comprehensive anti-harassment policies, conducting regular training, and establishing robust reporting mechanisms, employers can mitigate the risks of third-party harassment and protect their employees.

Employees, on the other hand, should take proactive steps to document and report harassment, seek support, and understand their legal rights. By working together, employers and employees can create a safer, more respectful workplace environment.

For more information on preventing and addressing third-party harassment, visit DFEH, EEOC, and SHRM. Staying informed and proactive is key to navigating the challenges of third-party harassment in the workplace.