Workplace harassment is a serious issue that can significantly impact an employee’s well-being and productivity. While much of the focus is on harassment by colleagues or supervisors, employees can also be sexually harassed by non-employees, such as clients, customers, vendors, or contractors. Understanding your rights and the steps to take if you experience such harassment is crucial.
Recognizing Sexual Harassment by Non-Employees
Sexual harassment by non-employees can take various forms, including unwelcome advances, inappropriate touching, suggestive comments, or requests for sexual favors. Just like harassment by coworkers, this behavior is unlawful and should not be tolerated. Employers have a responsibility to protect their employees from harassment, regardless of the perpetrator’s employment status.
Employer’s Responsibility
Under laws such as Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC) guidelines, employers are obligated to provide a safe working environment free from harassment. This includes taking reasonable steps to prevent and address harassment by non-employees. Employers must have policies in place to handle such incidents and must act promptly when harassment is reported.
Steps to Take If You Are Harassed
If you experience sexual harassment by a non-employee, follow these steps to protect yourself and ensure the issue is addressed:
Document the Incident
Keep detailed records of the harassment, including:
- Dates, times, and locations of each incident.
- Descriptions of the behavior.
- Names of any witnesses.
- Communications, such as emails or messages, related to the harassment.
Report the Harassment
Report the harassment to your employer as soon as possible. Follow your company’s procedures for reporting harassment, which are typically outlined in the employee handbook. If your company does not have a specific policy, then speak to your human resources (HR) department or a supervisor.
Seek Support
Discuss the situation with a trusted colleague, friend, or family member.
If your employer fails to address the harassment adequately, you have the right to take further action. You can file a complaint with the EEOC or California’s Civil Rights Department (CRD). A Los Angeles work harassment lawyer can also provide guidance and help you understand your legal options, including the possibility of filing a lawsuit for damages.
How Your Employer Should Respond
Once you report the harassment, your employer is required to take prompt and appropriate action. This may include:
Investigating the Complaint
Your employer should conduct a thorough and impartial investigation into the allegations. This involves interviewing you, the harasser (if possible), and any witnesses, as well as reviewing any evidence you provide.
Taking Corrective Action
If the investigation confirms the harassment, your employer must take steps to prevent further incidents. This could include:
- Limiting the harasser’s access to the workplace.
- Providing additional training on harassment prevention.
- Adjusting work assignments to prevent contact between you and the harasser.
Legal Options
Employers are prohibited from retaliating against employees who report harassment. If you experience any adverse actions, such as demotion, termination, or unfavorable work assignments, after reporting harassment, you should file a retaliation complaint with California’s Labor Commissioner’s Office or the EEOC.
Additionally, if your employer fails to address the harassment adequately, you have the right to take further action. You can file a complaint with the EEOC or CRD. A trusted Los Angeles sexual harassment lawyer can also provide guidance and help you understand your legal options, including the possibility of filing a lawsuit for damages.