While many people think about sexual harassment as an offense committed by an employer or coworker, there are also times when sexual harassment by a client or vendor in California can lead to emotional harm. California law protects employees from harassment by non-employees, and employers have a duty to intervene when notified. Failing to act may create grounds for legal action.
By the Numbers: Understanding Client and Vendor Sexual Harassment
Sexual harassment in the workplace does not always come from within. In many cases, employees experience harassment from clients, vendors, or other third parties. Under California law, employers are still responsible for addressing these incidents and taking steps to prevent harassment from outside vendors when possible.
In terms of vendor presence, Los Angeles County alone has 120,992 active registered vendors, highlighting the scale of potential third-party interactions. Meanwhile, in 2022, the California Civil Rights Department received 1,351 complaints involving sex or gender discrimination. These numbers demonstrate the importance of clear protections and proactive policies, regardless of whether harassment originates inside or outside the organization.
Common Examples of Client or Vendor Harassment
Harassment by clients and vendors can take many forms. Whether in service industries or fields like healthcare and hospitality, harassment can take the form of unwanted comments, lewd gestures, or inappropriate physical contact from outside parties.
In these cases, the employer can be liable for any harm caused. Employers also have an obligation to take reasonable steps to prevent harassment from outside parties. One example of vendor harassment could be a vendor repeatedly flirting with an office employee despite clear rejections. Another example could include a client making vulgar jokes during meetings.
Employers have a legal obligation under California’s Fair Employment and Housing Act (FEHA) to take corrective action. If the employer fails to address the misconduct or retaliates against the employee, they may be held legally responsible for maintaining a hostile work environment.
Compensation You May Be Owed
Whether you work at a Beverly Hills luxury hotel, a tech startup in San Jose’s Santana Row, or a dental office near Sacramento’s Midtown, employees in California who experience harassment from a client or vendor may be entitled to compensation if the employer failed to take reasonable steps to prevent or address the misconduct.
Damages can include:
- Lost wages
- Compensation for emotional distress
- Payments for mental healthcare expenses
If the case proceeds to court, punitive damages may also be available, particularly when the employer’s failure to act was especially negligent or reckless. Workers have the right to file complaints with the California Civil Rights Department to start the legal process.
A settlement may also include reinstatement if the employee was wrongfully terminated due to the misconduct or voluntarily left to escape harassment. Employers are expected to take reasonable steps to prevent and address third-party harassment. Failing to do so opens them to civil liability.
How an Employment Lawyer Can Help
A California employment lawyer can be essential when dealing with harassment by a client or vendor. They can help document incidents, file internal complaints, and take further action if your employer ignores the problem.
Whether you work in a Silicon Valley office or a retail store in Fresno, an attorney can help you understand your rights under FEHA and advise you on filing with the California Civil Rights Department.
Lawyers can also negotiate a settlement that compensates you for the harm you suffered. If the case requires action in court, your employment law attorney can represent you in court. Legal representation ensures your voice is heard and that employers are held accountable for failing to protect you from external harm.
FAQs
Q: Can You Be Sexually Harassed by a Customer?
A: Yes, you can be sexually harassed by a customer under California law. If the conduct is unwelcome, repeated, or severe, and your employer allows it to continue, it may qualify as illegal workplace harassment. Employers have a legal duty to protect employees from harassment by customers. Failure to respond to complaints can make the company legally responsible for allowing the behavior.
Q: What Counts as Sexual Harassment by a Client or Vendor in California?
A: Sexual harassment by a client or vendor includes unwanted comments, physical contact, sexual jokes, or repeated advances that affect your ability to work. California law does not require the harasser to be an employee. Carefully documenting each incident can position you for a strong complaint that leads to accountability and compensation.
Q: Can Companies Be Held Liable If Customers or Vendors Sexually Harass Their Employees?
A: Yes, companies in California can be held liable if they know about harassment by a customer or vendor and fail to take action. Employers are required to maintain a safe work environment. That includes stopping harassment from outside individuals who interact with staff. Ignoring complaints or brushing them off can lead to employer liability for allowing unlawful conduct to continue.
Q: Can Vendors Commit Sexual Harassment in the Workplace?
A: Vendors can commit sexual harassment in the workplace if their behavior is unwelcome and affects working conditions. This includes inappropriate comments, touching, or sexually suggestive conduct. Employers must respond to complaints about vendors in the same way they would with employees. If they fail to act after a report, the company may be held responsible for creating or allowing a hostile work environment.
Contact Diefer Law Group, P.C., Today for the Legal Support You Deserve
Experiencing sexual harassment by a client or vendor can create a stressful and unfair work environment. California law requires employers to take action to protect employees, regardless of who the harasser is. Understanding your rights and options is crucial to stopping the behavior and securing fair treatment.
At Diefer Law Group, P.C., our attorneys are experienced in handling workplace harassment claims involving third parties. We provide dedicated representation and personalized attention to every client. Contact our office today to learn how we can help you hold those responsible accountable. We offer a complimentary consultation, where we can confidentially discuss the details of your circumstances.
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