Third-Party Sexual Harassment: What Are Your Rights as an Employee?
Sexual harassment in the workplace is a pervasive issue, but it’s often misunderstood that harassment can come not just from supervisors or coworkers but also from third parties such as customers, vendors, or other non-employees.
While employers may not directly control the behavior of third parties, they are still legally obligated to provide a safe and harassment-free work environment. Consult a New Jersey sexual harassment lawyer to help you understand your rights as an employee and your employer’s responsibilities in these situations.
What Is Third-Party Sexual Harassment?
Third-party sexual harassment occurs when someone outside your organization, such as a client, customer, contractor, or vendor, engages in unwelcome sexual conduct that affects your work environment. This type of harassment can manifest in various forms, including inappropriate comments, physical advances, or other unwelcome behaviors. For instance, a restaurant server might face repeated inappropriate comments from a patron, or a vendor representative might make unwanted advances during a meeting.
Unlike harassment from coworkers or supervisors, third-party harassment adds an additional layer of complexity because the perpetrator is not under the employer’s direct authority. However, this does not absolve employers of their duty to take appropriate action when such harassment occurs.
Legal Protections Against Third-Party Harassment
Both federal and state laws protect employees from third-party harassment. Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on sex, has been interpreted by courts to include protections against harassment from third parties. Employers may be held liable if they fail to address harassment that they knew or should have known was occurring.
In New Jersey, the New Jersey Law Against Discrimination (NJLAD) provides even broader protections. NJLAD explicitly mandates that employers create and maintain a workplace free of discrimination and harassment, including actions perpetrated by third parties. The law imposes a duty on employers to take reasonable steps to prevent and address harassment, regardless of its source.
Employer Responsibilities in Third-Party Harassment Cases
Employers are required to address third-party harassment as part of their broader obligation to maintain a safe and equitable workplace. Their responsibilities include:
- Taking Prompt Action: If an employer is made aware of harassment, they are required to take immediate and effective steps to stop it. This may involve confronting the third party, restricting their access to the workplace, or terminating their business relationship.
- Implementing Policies: Employers should have clear anti-harassment policies in place that explicitly cover third-party harassment. These policies should outline reporting procedures and the steps the employer will take in response to complaints.
- Training Employees: Regular training programs can help employees understand their rights and provide guidance on how to handle harassment from third parties.
- Investigating Complaints: Employers must thoroughly investigate all claims of harassment, regardless of whether the perpetrator is an employee or an outsider. Investigations should be impartial and aimed at determining the facts and addressing the issue.
Employers who fail to fulfill these responsibilities may be held liable for failing to provide a harassment-free workplace under NJLAD and other applicable laws.
Employee Rights in Third-Party Harassment Situations
As an employee, you have the right to work in an environment free from sexual harassment, regardless of whether the perpetrator is a coworker, supervisor, or third party. If you experience harassment from a third party, you are entitled to report the behavior and expect your employer to take appropriate action. Your rights include:
- The Right to Report Harassment: You should report the harassment to your employer using the established procedures outlined in the company’s anti-harassment policy. If no such policy exists, report the issue to your supervisor or human resources department.
- The Right to Protection from Retaliation: Under NJLAD and Title VII, employers are prohibited from retaliating against employees who report harassment. Retaliation may include termination, demotion, or other adverse actions. If you face retaliation, you may have grounds for a separate legal claim.
- The Right to a Safe Work Environment: Employers must take steps to eliminate harassment and ensure you can work without fear of further incidents. This might involve modifying your work assignments or restricting the third party’s access to your workplace.
Proving Employer Liability for Third-Party Harassment
To hold an employer accountable for third-party harassment, employees must typically demonstrate that the employer knew or should have known about the harassment and failed to take reasonable steps to address it. Evidence such as emails, witness statements, and prior complaints can help establish that the employer was aware of the problem. Courts will evaluate whether the employer’s response was prompt, appropriate, and effective in stopping the harassment.
Case Law Highlight: Blakey v. Continental Airlines
The case of Blakey v. Continental Airlines, 164 N.J. 38 (2000), underscores the employer’s responsibility to address harassment in all its forms. In this case, the New Jersey Supreme Court held that an employer could be held liable for harassment that occurred on an electronic bulletin board frequented by employees, even though the employer did not own or control the platform. The court emphasized that employers have a duty to address harassment if it affects the workplace, regardless of where or by whom it occurs. This principle can be extended to third-party harassment, reinforcing the employer’s obligation to act.
Protecting Yourself from Third-Party Harassment
If you experience harassment from a third party, document the incidents as thoroughly as possible. Record the date, time, location, and details of the behavior, as well as any witnesses. Report the harassment promptly and follow up with your employer to ensure appropriate action is taken. If your employer fails to respond adequately, consult a New Jersey employment attorney to explore your legal options.
Contact Poulos LoPiccolo PC
No employee should have to endure harassment, whether it comes from a coworker, supervisor, or third party. If you have experienced third-party sexual harassment and your employer failed to address the issue, Poulos LoPiccolo PC is here to help. Our experienced employment attorneys understand New Jersey’s legal protections and are dedicated to holding employers accountable. Contact us today to schedule a consultation and learn more about your rights.
Source:
casetext.com/case/blakey-v-continental-airlines-inc-4
