We all deserve to feel safe and respected at work. While we often think of harassment coming from colleagues or managers, sometimes the unpleasant behavior comes from outside the company – from customers, clients, vendors, or even delivery drivers. This is called third-party harassment, and it's a serious issue that your employer has a responsibility to address.
What Exactly is Third-Party Harassment?
Third-party harassment is when someone who doesn't work for your employer, but with whom you interact during your job, engages in unwelcome conduct that creates a hostile or offensive work environment for you. This behavior is usually based on a protected characteristic like your race, gender, religion, age, disability, sexual orientation, or national origin.
Here are some common examples you might encounter:
- A rude customer making inappropriate sexual comments to you.
- A client constantly making racist jokes during meetings.
- A vendor repeatedly making disrespectful remarks about your age or disability.
- A delivery person making unwanted advances or touching you.
It's important to remember that harassment isn't always obvious or overt. It can be subtle comments, repeated unwelcome gestures, or even just creating an uncomfortable atmosphere that makes it harder for you to do your job.
Why Your Employer Is Responsible
Under federal and often state laws (like Title VII of the Civil Rights Act), your employer has a legal obligation to provide you with a safe and harassment-free workplace. This duty extends to protecting you from harassment by third parties if they knew or should have known about the conduct and failed to take prompt and effective action.
Essentially, if your employer is aware (or should reasonably be aware) that a third party is harassing you, they can be held responsible if they don't do something to stop it. It's about maintaining a workplace where you feel secure, no matter who the harasser is.
What Your Employer Should Be Doing
A responsible employer will have measures in place to protect you from third-party harassment. This includes:
- Clear Policies: Your company should have anti-harassment policies that explicitly cover harassment from customers, clients, and other third parties. These policies should clearly outline how to report incidents.
- Training: Employees, especially managers, should be trained to recognize third-party harassment and understand how to respond.
- Prompt Investigations: When you report harassment, your employer should take it seriously, investigate promptly and thoroughly, and take appropriate action.
- Effective Corrective Action: This could mean banning a harassing customer, reassigning you so you don't interact with the harasser, or even ending the business relationship with the problematic third party.
- No Retaliation: You should never face negative consequences for reporting harassment.
What YOU Can Do if You're Facing Third-Party Harassment
If you're experiencing harassment from someone outside your company, it's crucial to take action:
- Document Everything: Keep a detailed record. Write down the date, time, location, exactly what happened, what was said, and any witnesses. This information is vital.
- Report It: Follow your company's official reporting procedure, usually to HR or your supervisor. Report it as soon as possible.
- Be Clear: Clearly state that the conduct is unwelcome and makes you uncomfortable.
- Follow Up: If you don't hear back or see action taken, follow up on your report.
- Know Your Rights: Research your local and federal anti-discrimination laws. The EEOC (Equal Employment Opportunity Commission) is a good resource.
- Seek Legal Counsel: If your employer doesn't take your concerns seriously or fails to protect you, consider consulting an employment law attorney. They can help you understand your legal options and guide you on how to proceed.
You have the right to a safe and respectful work environment, free from harassment, no matter who the perpetrator is. Don't suffer in silence. Your employer has a duty to protect you, and you have the right to demand that protection.
If you believe you have faced third-party harassment at work, contact Sani Law today.
