Know your rights under anti-discrimination law
Employees have a legal right to a workplace free of illegal harassment, and employers have a responsibility to protect their employees from the same. Of course, in many workplaces, there are individuals other than employees present, such as vendors, contractors, and customers. Those non-employee third parties might be involved in harassing employees.
Is this third-party harassment the employer’s responsibility? As with so many things in the law, the answer is “it depends.” Here’s what Ohio employees need to know about third-party harassment and their legal rights.
What is unlawful harassment in the workplace?
While the word “harassment” in everyday usage can refer to almost any ongoing, unwelcome behavior, in the employment law context, it’s a legal term with a specific meaning. There are two types of illegal harassment under federal and state anti-discrimination laws:
- Quid pro quo, or “this for that,” refers to a supervisor demanding romantic or sexual favors to avoid a job detriment (such as firing) or in exchange for a benefit (such as promotion).
- Hostile work environment involves severe and pervasive unwelcome conduct in the workplace, based on a protected characteristic of the employee such as their race, sex, religion, national origin, age, or disability.
By definition, quid pro quo harassment can only be committed by a manager or supervisor, but a hostile work environment can be created by anyone: managers, coworkers, and even third parties. All that matters is that the conduct is severe and pervasive enough to interfere with your ability to do your job. However, because third parties are not agents of the employer, the question of whether the employer is liable (legally responsible) for their behavior is complicated.
The employer can’t control third parties, but it can control the work environment
Employers have a legal responsibility to take reasonable care to prevent unlawful harassment in their employees’ work environments. Essentially, to hold an employer accountable for harassment committed by a third party, you need to show that the employer knew (or should have known) about the harassment and that they could reasonably have stopped it but failed to do so.
Examples of steps employers should take to prevent illegal harassment by third parties in the workplace include:
- Creating an anti-harassment policy that applies to everyone in the workplace, including third parties.
- Asking customers who harass employees to leave the premises—and, if necessary, banning them from returning.
- If the harasser works for a different employer, asking the other employer to send someone else—and potentially ending the business relationship with that employer if they refuse.
- Involving law enforcement, or supporting an employee’s decision to do so, if necessary.
What exactly is “reasonable” for an employer to do varies depending on the circumstances, but the upshot is that employers must intervene if they are aware of harassment happening under their watch, no matter who the harasser is. That’s why it’s important to report harassment in the workplace: follow your employer’s reporting protocol if they have one, or tell your supervisor or human resources if not. Once the employer is on notice, they have a legal responsibility to act.
Talk to an experienced employment law attorney today
You have a right to a workplace free from unlawful harassment. If you are being harassed, no matter who the harasser is, then you have legal recourse. An experienced workplace harassment attorney can explain your rights and guide you through the process. We have a winning track record of results in employment law cases, including a $450,000 recovery for a victim of harassment and discrimination in the financial industry.
If you’re being harassed by a vendor, contractor, or customer in your workplace, you have rights. We can protect them. Schedule your appointment with Gibson Law, LLC today.
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