What is Third-Party Sexual Harassment?

Third-party sexual harassment refers to harassment that occurs in the workplace or in a related setting and is perpetrated by someone who is not the victim’s direct supervisor or co-worker. Examples of third-party sexual harassment include harassment by customers, clients, vendors, or other people who are not employed by the same company as the victim. This type of harassment can occur in any industry, but is particularly prevalent in workplaces where employees interact with the public, such as retail, hospitality, and service industries. Employers have a responsibility to take steps to prevent and address third-party sexual harassment, including by providing training to employees, implementing clear policies and procedures, and taking prompt action when harassment is reported.

What are the legal consequences of third-party sexual harassment?

The legal consequences of third-party sexual harassment can vary depending on the jurisdiction and the specific circumstances of the case. In general, an employer can be held liable for third-party sexual harassment if they were aware of the behavior and failed to take appropriate action to stop it.

In the United States, employers can be held liable for third-party sexual harassment under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in the workplace. The law holds employers responsible for creating or allowing a hostile work environment, which can include third-party sexual harassment.

If an employee experiences third-party harassment, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) and/or file a lawsuit against the employer. The employee may be entitled to damages such as lost wages, emotional distress, and attorney’s fees. In addition to the legal consequences, employers can also face reputational damage and loss of productivity if they do not address third-party sexual harassment in the workplace.

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What should one do if they witness or experience third-party sexual harassment?

If you witness or experience third-party sexual harassment, it is important to take action to address the behavior and protect yourself. Here are some steps you can take:

  1. Report the behavior: Report the harassment to the appropriate person or department at your workplace, such as a human resources representative or a supervisor. Make sure to provide specific details about the behavior and any witnesses.
  2. Document the behavior: Keep a record of the harassment, including the date, time, location, and details of the behavior. This documentation can be used as evidence if you choose to take further legal action.
  3. Seek support: Consider reaching out to a counselor or therapist to help you cope with the emotional impact of the harassment. Many employers also offer an Employee Assistance Program (EAP) that can provide confidential counseling and support.
  4. Consider legal action: If you feel that your employer has not taken appropriate action to address the harassment, you may want to seek legal advice. You may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against your employer.