What is Third-Party Sexual Harassment?
Sexual harassment in the workplace refers to any unwelcome behavior aimed at an individual that causes humiliation or intimidation. It can be committed by a manager, coworker, subordinate, or even by individuals outside the organization, such as clients, vendors, contractors, or customers.
Understanding Third-Party Sexual Harassment
Third-party sexual harassment occurs when someone not employed by the organization harasses an employee. This could involve clients, customers, vendors, independent contractors, or employees from other companies providing services. Examples include caterers, delivery personnel, or security staff interacting with employees during business operations.
Examples of Third-Party Harassment
Third-party harassment often creates an uncomfortable or abusive work environment. Examples include:
A delivery worker persistently asked a receptionist for a date despite repeated refusals and making comments on her appearance during each visit.
A client inappropriately touches an employee during a business lunch, ignoring their requests to stop.
A customer flirting with a salesperson and asking inappropriate personal questions, causing embarrassment and discomfort.
Employer Responsibility in Third-Party Harassment
Employers are legally obligated to prevent and address third-party harassment to ensure a harassment-free workplace. If they are aware of such behavior and fail to take immediate and appropriate action, they may be held accountable.
How Employers Should Respond
Awareness and Education: Employers should educate employees about third-party harassment and outline steps to report such incidents.
Prompt Investigation: Upon receiving a report, employers must investigate the matter immediately to gather facts and assess the situation.
Take Action: If inappropriate behavior is identified, employers should act swiftly to prevent further harassment, which may include speaking with the third party or severing ties if necessary.
Avoid Retaliation: Employers must not penalize employees for reporting harassment. Retaliation against those who speak up is prohibited.
Balancing Relationships
While addressing third-party harassment, employers must protect their employees’ rights without compromising professional relationships with external stakeholders. Employees should be informed of their rights and supported in working without fear of retaliation when reporting harassment.