Third-party sexual harassment occurs when a non-employee—such as a customer, client, contractor, or visitor—harasses an employee during their employment. Even if the harassment occurred at the hands of an individual not affiliated with the employer, an employee may still have a claim against their employer for sexual harassment.

Employees who have suffered sexual harassment at the hands of a non-employee may file a claim of harassment under Title VII of the Civil Rights Act of 1964 (29 C.F.R. §1604.11(e)). The United States Court of Appeals for the Eleventh Circuit has held that “an employer may be found liable for the harassing conduct of its customers if the employer fails to take immediate and appropriate corrective action in response to a hostile work environment of which the employer knew or reasonably should have known.” Beckford v. Dep’t of Corr., 605 F.3d 951 (11th Cir. 2010).

Unfortunately, it is common for managers to ignore an employee’s complaints in cases involving customer harassment. An employee may also become a victim of retaliation by being scheduled for less shifts, taking a pay cut, being put on unpaid leave, and even being fired from her job. While these are scare tactics sometimes exercised by employers to stop or minimize employee complaints about sexual harassment, they are acts of retaliation which are illegal and only act to strengthen an employee’s claim for sexual harassment against her employer.

Consider the following example: A female bartender working at a bar is a victim of regular unwanted sexual advances by a frequent customer. She complains to her manager that the customer regularly makes inappropriate comments which makes her feel uncomfortable. Her manager listens to her complaints but ignores them and tells her it’s a part of the job. This is a prime example of third-party sexual harassment because the bartender put her manager on notice that a customer regularly harasses a member of his staff. However, the manager failed to take immediate and appropriate corrective action to prevent future harassment.

If you believe you are a victim of third-party sexual harassment, please do not hesitate to contact the Printy Law Firm online or call (813) 434-0649 for a free consultation.