Harassment by Non-employees is exactly what it sounds like. This is when employees, who are harassed by customers, vendors, temp workers, outside contractors, tec. still retain their rights to a harassment-free workplace. Liability
Employer may be liable if the harassment is known, has control or could have controlled the actions, and fails to take appropriate, corrective action.
NOTE: This is not limited to the employer’s premises. The employer is responsible for sexual harassment that occurs anywhere, such as when employees are visiting, calling upon or working at a customer’s or vendor’s premises.
As an employer, you cannot disregard the situation. The courts have upheld your responsibility in this area.
Remember: an employer must investigate and respond appropriately to the allegation even if it appears trivial or contrived.
It is also in the employer’s best interest to take some action whether the claim has substance or not. Document the incident, require additional training, etc.
Court Case:
Court Case
In California, a plaintiff filed a non-employee sexual harassment claim because her employer, International Business Machines Corp. (IBM), pressured her to resume a sexual relationship with a Defense Department official who had the authority to award IBM millions of dollars in project funding.
Award: $65,000 in monetary relief
