Every day when you head to your job, you should expect a work environment where fairness and respect are the norm. While people often think harassment or discrimination only comes from a coworker or a supervisor, sometimes these harmful behaviors come from someone outside your immediate workplace, such as a client, vendor or visitor. What can you do in such situations? It is important to know that you have rights and your employer has a duty to protect you.
What Constitutes Third-Party Workplace Harassment in California?
Third-party sexual harassment occurs when an employee is harassed by someone who is not directly part of the organization they work for, such as the clients, vendors, contractors, or visitors. The harasser in these cases is not a co-worker or employer, but their actions still affect the workplace environment. Offensive conduct that can be deemed sexual harassment by third-parties includes:
- Slurs
- Offensive jokes
- Offensive pictures or objects
- Name calling
- Insults, ridicule, intimidation or threats
- Interference with work duties
Under California law, employers are responsible for addressing harassment that comes from non-employees, as long as they (the employer) know about the harassment and fail to take appropriate corrective action. This responsibility was clarified further with amendments to the California Fair Employment and Housing Act (FEHA). Essentially, if an employer knows that their employees are being harassed by third parties and does not act to stop it, they can be held liable.
This kind of harassment can include any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Here are some common examples:
- A client makes repeated inappropriate comments about an employee’s appearance during meetings.
- A vendor regularly makes sexual jokes while restocking office supplies.
- A delivery person makes unwelcome sexual comments to the receptionist.
- A contractor gives unwanted back rubs to employees.
- Hotel staff at a professional conference harass attendees.
- A regular customer at a retail store sends flirtatious and inappropriate messages to an employee.
- An IT technician servicing office equipment makes sexual propositions to an employee.
The Employer’s Legal Obligations in Case of Sexual Harassment by Third Parties
Under California law as well as federal regulations, employers have a duty to address third-party sexual harassment if they are aware of it or should have been aware. They need to act swiftly to correct the situation. Failing to offer a reliable way for employees to report such issues could also result in liability for the company.
It is important for employers to be proactive in preventing this type of harassment. They could start by conducting regular training sessions that cover sexual harassment, outlining what it includes, the rights of employees, and how to report it. Companies are also required to keep their policies up to date in the employee handbook and establish a clear process for reporting harassment.
If an employer become aware of inappropriate behavior by a third party, they should take decisive action, which could include:
- Asking the third party to leave the premises
- Requesting a replacement representative from the vendor
- Ceasing business with that vendor if necessary
- Making sure that employees are not left alone with the accused third party at work
- Taking immediate steps to investigate any complaints
In the process of handling a complaint, the company should thoroughly investigate by collecting evidence, speaking with witnesses, and documenting all actions taken, along with a precise timeline. This documentation is vital in case of future legal proceedings. Keep in mind that it is illegal for employers to retaliate against an employee who reports sexual harassment.
Can I File a Sexual Harassment Lawsuit?
If you have experienced sexual harassment at work, as defined by Title VII and the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing), you can take legal action, but first you must report the harassment to your employer. This is a necessary step before you can bring a civil lawsuit in California.
Every employer must have a sexual harassment policy as mandated by FEHA. As an employee, you should adhere to the complaint process outlined by your workplace. Even if your employer does not address the harassment effectively, having a formal complaint on record can strengthen your case in court later.
Once you have completed the internal complaint process, you can file a Discrimination Complaint with the Equal Employment Opportunity Commission or the California Civil Rights Department (CRD). Based on their findings, the relevant government agency could either file a lawsuit on your behalf or issue a “right to sue” letter if they decide not to take legal action.
After receiving this letter and having already filed a complaint, you are then eligible to initiate a lawsuit against the perpetrator and possibly your employer, depending on your case.
Notably, sometimes work contracts tend to include language suggesting that an employee cannot sue or criticize their employer. In California, however, this kind of language in contracts is often not enforceable due to Senate Bill 1300. Employers cannot require their workers to give up their legal rights to sue for issues like sexual harassment as a condition of getting or keeping a job, receiving a raise, or earning any other form of benefit.
Steps to Take if You Face Third Party Sexual Harassment in the Workplace
Dealing with third-party sexual harassment in the workplace can be unsettling, but taking the following steps helps protect your rights and well-being:
- Familiarize yourself with your employer’s sexual harassment policy, which should mention how to report an incident.
- Keep a record of all incidents, including dates, times, witnesses, and the nature of the harassment. Save any communications related to the harassment, like emails or texts.
- Follow the reporting process outlined in your company’s policy. If the harasser is someone you report to, find out the alternative reporting route detailed in the policy.
- Speak with an sexual harassment lawyer to understand your legal options.
- If your workplace does not resolve the issue, file a complaint with a government agency like the EEOC or CRD.
- Keep copies of all reports, correspondence, and any other evidence that supports your case.
- Do not share details about the incident on social media as it could impact the outcome of your case.
Remember, even if the harassment seems minor, reporting it can prevent future incidents and contribute to a healthier work environment.
Choose Experienced California Sexual Harassment Lawyers to Protect Your Rights
If someone is harassing you at work, be it a colleague, a supervisor/boss, or a third party, you need an attorney who is knowledgeable about employees’ rights in California and can aggressively pursue your claim for damages against the perpetrators. At Rubin Law Corporation, attorney Steven Rubin and his legal team have over 37 years of experience in securing multi-million dollar settlements for our clients in these cases. Call us at (213) 996-0196 or contact us online to get legal representation for third-party sexual harassment in Los Angeles.