Employees Protected Against Sexual Harassment By Non-Employees

Many people believe that in order for sexually harassing behavior in the workplace to be illegal the behavior must be committed by an employee of the employer. However, employers can be held liable for the sexual harassment of employees by persons who are not their employees, including customers, clients, contractors, and consultants. Numerous courts have held employers liable for sexually harassing behavior committed by non-employees against employees. In one case, a casino was held liable for the sexual harassing behavior by customers towards a blackjack dealer where the employer ignored her complaints about the behavior.

Once an employer has notice that an employee is being sexually harassed by non-employees, the employer is obligated to take prompt and effective remedial action to stop the harassment from reoccurring. Often times, an employer receives notice of sexually harassing behavior by non-employees in the form of a complaint from the sexual harassment victim. However, notice of the sexually harassing behavior need not come in the form of a complaint by the sexual harassment victim. For example, another employee may complain about the harassment towards her by the non-employee or complain about the harassment against the sexual harassment victim by the non-employee.

We have extensive experience representing employees who have been the victim of sexual harassment by non-employees and other types of sexual harassment in the workplace. If you have been the victim of sexual harassment or have questions regarding sexual harassment in the workplace, please contact our office for a free consultation.