Third-Party Sexual Harassment

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.

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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.

Examples of third-party sexual harassment

Third-party sexual harassment occurs when someone who is not an employee, such as a client, vendor, customer, contractor, or visitor, harasses an employee in the workplace. 

It can take many forms, including unwanted sexual advances, inappropriate comments, gestures, or even physical acts. Some common examples include:

• A client is making repeated unwelcome advances toward a receptionist.
  
• A delivery person making inappropriate jokes or comments about an employee’s appearance.
  
• A vendor touching an employee inappropriately during a meeting or event.
  
• A customer asking intrusive personal questions with a sexual undertone.
  
• A contractor sending sexually suggestive messages to an employee outside work hours.
  

In all these cases, even though the harasser is not employed by the company, the employer may still hold some responsibility to address and resolve the situation to maintain a safe workplace.

What should you do if you suspect workplace harassment from a third party?

If you suspect or experience harassment by a third party, it’s important to act promptly. Here’s what you should do:

• Document everything: Write down dates, times, details of the incident, and any witnesses.
  
• Report it immediately: Inform your supervisor, manager, or HR representative. Some companies have a direct grievance redressal mechanism.
  
• Avoid direct confrontation: Unless it is safe and appropriate, let the organization handle communication with the third party.
  
• Request protection: Ask your employer to intervene, which could involve removing the third party from the premises or assigning a different person for further interaction.
  
• Follow up: Make sure your complaint is formally recorded and that action is being taken.
  
• Seek support: Many organizations offer access to Employee Assistance Programs (EAPs) or counseling services if needed.
  

Employers are legally required to address complaints even if the offender is not an employee. Ignoring third-party harassment can open a company to lawsuits or serious reputational damage.

What is the third-party harassment policy?

A Third-Party Harassment Policy is a formal document that outlines how an organization will prevent, address, and respond to harassment from non-employees. Key elements of a good policy include:

• A clear definition of what constitutes third-party sexual harassment.
  
• Scope covering all third-party interactions: customers, clients, suppliers, contractors, visitors, etc.
  
• Reporting procedures should be simple, confidential, and accessible to all employees.
  
• The investigation process ensures fair and prompt action.
  
• Preventive measures, such as contractual clauses requiring third parties to adhere to workplace conduct standards.
  
• Training sessions for employees to identify and report third-party harassment.
  
• Zero-tolerance statement to show that the organization will take appropriate action regardless of the harasser’s affiliation.
  

Companies serious about workplace safety often include third-party harassment guidelines in their broader anti-harassment policies or employee handbooks.

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.