Sexual harassment is usually thought of in terms of a supervisor making unwanted sexual advances or coworkers making inappropriate comments of a sexual nature. However, third-party sexual harassment also occurs when non-employees engage in sexual misconduct.
If you have been victimized by anyone in your workplace, it takes an experienced sexual harassment attorney to protect your rights. Let’s take a look at how to recognize and respond to third-party sexual harassment.
What is third-party sexual harassment?
Sexual harassment is considered an unlawful form of sex-based discrimination under federal and state law.
There are two types of harassment – “quid pro quo” harassment and a hostile work environment.
Quid pro quo harassment occurs when a person in a position of authority makes sexual demands in exchange for a benefit of employment, such as a job offer, raise, or promotion. Also, unwelcome comments or conduct that are severe and pervasive can create a hostile work environment.
Third-party harassment occurs when a non-employee, such as a client, customer, independent contractor, or vendor, harasses an employee. For example, a client who makes sexual demands of a salesperson in exchange for doing business may be responsible for quid pro quo harassment. Other common examples of third-party sexual harassment include:
- A receptionist repeatedly being asked on a date by a delivery person after saying no
- A restaurant server being groped by a patron
- An office worker being subjected to offensive comments or conduct by an independent contractor
Regardless of how it occurs, third-party sexual harassment is illegal – employers have a responsibility to prevent and stop all forms of harassment in the workplace.
How Should An Employer Respond to Third-Party Sexual Harassment?
Although employers typically don’t have much control over third parties, an employer that knows or reasonably should have known about third-party harassment and fails to stop it can be held liable. Unfortunately, proving third-party sexual harassment is challenging because it often occurs offsite or when there is no one nearby to witness it.
For this reason, it is crucial to report the incident to a supervisor or human resources personnel. Doing so will leave no doubt that your employer knew about the offensive conduct, which will be helpful if you pursue a third-party sexual harassment claim.
In any event, an employer is required to investigate sexual harassment complaints and take corrective action that is appropriate to the situation, such as:
- Speaking with the customer, client, or vendor and telling them to stop the offensive conduct
- Assigning another employee to the position that deals with the third party
- Ending the relationship with the third party
Finally, employers cannot retaliate against employees who complain about third-party sexual harassment by taking an adverse action (e.g. firing, demoting, disciplining) against them.
Why You Need a Sexual Harassment Attorney
The best way to fight back against third-party sexual harassment is to work with an attorney who has experience handling workplace harassment claims. A capable attorney will know how to build a successful case and work proactively to protect you from retaliation.
While third-party sexual harassment claims can often be resolved through settlement negotiations, a skilled attorney can also provide you with aggressive courtroom representation. Either way, you may be able to recover money damages such as:
- Back pay
- Front pay
- Lost employee benefits
- Pain and suffering
- Emotional distress
Your employer may also be required to take additional remedial action, such as establishing policies to prevent third-party sexual harassment and training staff members about how to recognize and respond to harassment by third parties.
No amount of money can undo the emotional distress of being sexually harassed by anyone in the workplace, but you deserve justice and compensation to protect your financial future.
The Takeaway
Third-party sexual harassment, like all forms of workplace harassment, is not only offensive but illegal as well. And employers have a legal obligation to provide employees with a harassment-free work environment. By working with an experienced sexual harassment attorney, you can protect your rights, obtain just compensation, and restore your dignity.