Workplace harassment often involves issues with coworkers or supervisors. However, harassment can also come from people outside of the company. These “third parties” might include clients, customers, vendors, or other business contacts. This raises a key question: Does an employer have a legal duty to protect employees from this type of harassment?
Employer’s responsibility
In many cases, an employer does have a responsibility to protect employees from harassment, even if the harasser is not an employee. Laws require employers to provide a safe work environment. This means an employer must take action if it knows, or should have known, about harassment by a third party.
What employers must do
If an employee reports harassment by a client, customer, or other third party, the employer must investigate. The employer should take prompt and appropriate action to stop the harassment. What is “appropriate” will depend on the situation. It might include talking to the third party, changing the employee’s work situation, or, in serious cases, ending the business relationship.
Legal considerations
Courts have considered cases involving harassment by third parties. For example, the U.S. Court of Appeals for the Seventh Circuit ruled that employers cannot ignore harassment from customers. The court stated that Title VII of the Civil Rights Act requires employers to provide non-discriminatory working conditions, and those conditions are affected by more than just employees.
Employers should create clear policies that prohibit harassment from anyone, including third parties. They should also train employees on these policies and how to report any problems. Taking these steps can help prevent harassment and protect both employees and the company.