Workplace harassment is a serious issue, and although we often think of it as occurring between employees, it can also originate from third parties, such as clients, customers, or independent contractors. Many employees in Southern California may not be aware that their employers are legally obligated to protect them from this type of harassment. Understanding employer liability in these situations is crucial, and a dedicated sexual harassment attorney in San Diego can provide essential guidance.
Employer Duty To Protect Employees
Under California law, employers have a legal obligation to take reasonable steps to prevent and address sexual harassment in the workplace. This duty extends not only to harassment by supervisors and coworkers but also to harassment perpetrated by third parties such as clients, customers, vendors, or contractors. Employers are expected to create and maintain a safe and respectful work environment for all employees.
This responsibility means that employers cannot simply ignore or dismiss instances of third-party sexual harassment. They must take proactive measures to prevent such conduct from occurring and must take appropriate action when it is reported. Failure to do so can result in legal liability for the employer, even if the harasser is not a direct employee.
Defining Third-Party Sexual Harassment
Third-party sexual harassment occurs when an employee is subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature by someone who is not an employee of the company. This can include interactions with clients who make inappropriate comments, customers who engage in unwanted touching, or contractors who create a hostile work environment through sexually suggestive behavior.
The legal standards for third-party sexual harassment are similar to those for harassment by employees. The conduct must be sufficiently severe or pervasive to create a hostile work environment, meaning it must be objectively offensive and create an environment that a reasonable person would find abusive or intimidating. Isolated or trivial incidents may not meet this threshold, but repeated or egregious behavior will likely do so.
Employer Liability For Third-Party Harassment
California courts have established that employers can be held liable for third-party sexual harassment if they knew or should have known about the harassment and failed to take reasonable corrective action. This means that if an employee reports harassment by a client, for example, the employer has a duty to investigate the complaint and take appropriate steps to stop the harassment from continuing.
Reasonable corrective action might include speaking to the third party about their behavior, implementing measures to limit the third party’s interactions with the harassed employee, or, in some cases, even terminating the business relationship with the third party if necessary to protect the employee. The specific actions required will depend on the nature and severity of the harassment, as well as the employer’s ability to control the third party’s conduct.
Factors Considered In Employer Liability
Several factors are taken into account when determining whether an employer is liable for third-party sexual harassment. One key factor is the extent of the employer’s control over the third party. For instance, an employer may have more leverage to address the behavior of a regular client than that of a customer who only interacts with employees infrequently.
Another critical factor is whether the employer had notice of the harassment. This could be through a formal complaint by the employee, witnessing the conduct themselves, or becoming aware of a pattern of inappropriate behavior. Once an employer has notice, their response must be timely and reasonably calculated to end the harassment. The adequacy of the employer’s investigation and the corrective actions taken will be closely scrutinized.
Preventing Third-Party Sexual Harassment
Proactive measures are crucial for preventing third-party sexual harassment in the workplace. Employers should implement clear policies that prohibit all forms of harassment, including that by third parties, and ensure these policies are effectively communicated to all employees. Regular training that includes scenarios involving third-party interactions can also help employees understand their rights and how to report such incidents.
Employers should also establish clear reporting procedures that employees feel comfortable using if they experience or witness harassment by a third party. Prompt and thorough investigation of all complaints is essential, followed by appropriate corrective action. By fostering a culture of respect and taking proactive measures, employers can mitigate the risk of third-party harassment and safeguard their employees.
Legal Recourse For Employees
Employees in Southern California who have experienced third-party sexual harassment and believe their employer failed to take reasonable steps to prevent or address it have legal recourse. They can file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), and potentially pursue a civil lawsuit against their employer.
In a successful lawsuit, employees may be entitled to various forms of compensation, including damages for emotional distress, lost wages, and potentially punitive damages if the employer’s conduct was particularly egregious. Consulting with a sexual harassment attorney in San Diego is crucial for understanding your rights and navigating the legal process. An attorney can help you gather evidence, file the necessary paperwork, and advocate for your best interests.
Conclusion
Employers in Southern California have a clear responsibility to protect their employees from sexual harassment, regardless of whether the harasser is a fellow employee or a third party. Understanding these obligations and the legal rights of employees is vital for creating safe and respectful workplaces. If you have experienced third-party sexual harassment and your employer has failed to take appropriate action, seeking legal counsel from a sexual harassment attorney in San Diego is a critical step toward justice and accountability.