Sexual harassment in the workplace is never acceptable, but what happens if someone outside of your work harasses you while you are working? Third-party harassment in California is more common than many people realize, and a victim may not be aware of their options when someone outside of their work has harassed them. If you have experienced such an incident, it’s vital to consult a sexual harassment lawyer.
What Is Third-Party Harassment at Work?
Third-party harassment in California can happen whenever someone who is not directly employed by your employer interferes with your job duties by sexually harassing you while you are working. The following are a few example scenarios of how this may occur.
- While working in a customer-facing retail job, a customer regularly enters your workplace and makes sexually demeaning comments that make you feel uncomfortable.
- A vendor’s employee who regularly visits your workplace makes inappropriate comments every time they visit your workspace.
- A utility worker performing a job at your workplace inappropriately touches you while passing you in the hallway.
- An independent contractor working with your team sends you inappropriate messages through internal work email.
It is possible for third-party harassment in California to be an isolated incident or pattern of behavior. These are just a few possible examples of how third-party harassment may occur. In many of these cases, the harasser believes they cannot be penalized by your employer because they are not an employee. However, it does not mean they are completely insulated from legal recourse. You have the right to seek accountability and compensation for damages you suffered.
Resolving Any Third-Party Harassment in California
The first thing you should do after experiencing any type of third-party harassment in California is to report the incident to your supervisor immediately. Every employer is required to have an internal conflict resolution policy in place to address sexual harassment from employees and third parties. They must record your report and take steps to correct the situation.
If someone employed by a partner of your business harassed you, your employer is likely to coordinate with the other employer to rectify the situation. If, after reporting the harassment you experienced, no satisfactory result is reached, you would have the right to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim and determine whether you have grounds for a civil lawsuit.
It is possible for a successful sexual harassment claim to yield various forms of compensatory damages, including repayment of any income and benefits you were denied because of the harassment, compensation for related medical and travel expenses, and compensation for your pain and suffering. You can also receive punitive damages, the amount of which will depend on the defendant’s total number of employees.
The Diefer Law Group has helped many past clients throughout the state with all types of complex sexual harassment claims, and we can put this experience to work for you. You should report the third-party harassment you experienced as quickly as possible and then reach out to a trustworthy, experienced attorney for guidance concerning the most viable next steps to take with your case.
FAQs
Q: What Are Examples of Third-Party Harassment?
A: Common examples of third-party harassment can include harassment you experience in the workplace from anyone who is not employed by your employer. Customers, clients, vendors, utility workers, service providers, contractors, and outsiders from other companies may all engage in third-party harassment. They may think their detachment from your employer protects them from legal recourse, but it does not.
Q: Will a Defendant Go to Jail for Sexual Harassment?
A: It is possible for a defendant to go to jail for sexual harassment under certain conditions. Generally, if the harassment reaches the level of physical contact, the defendant could face criminal charges for sexual misconduct or sexual battery. Sexual misconduct is a misdemeanor in the state that is punishable with jail time, and sexual battery is a felony punishable by time in state prison.
Q: What Are the Types of Sexual Harassment in the Workplace?
A: The two types of sexual harassment in the workplace include quid pro quo and hostile work environment. Quid pro quo involves a transaction of sexual favors, while hostile work environment claims arise when an employee cannot do their job due to the harassment they consistently experience. It is possible for a third party to engage in either type of sexual harassment in the state, even if it seems difficult for you to prove at first.
Q: What Damages Can I Claim for Sexual Harassment?
A: The damages you can claim for sexual harassment include compensatory damages, such as repayment of your lost income and lost benefits. You can also seek compensation for pain and suffering. If you experienced physical harm, the defendant is also liable for related medical expenses, and this can include the cost of mental health treatment for psychological trauma. Punitive damages may also be awarded based on the number of employees your employer has.
Q: When Should I Report Sexual Harassment From a Third Party?
A: You should report sexual harassment from a third party immediately after it occurs. Document the incident carefully and then report the incident to your supervisor. If a third party related to your work harassed you, your employer is legally required to take steps to resolve the situation. If they do not, or if their proposed solution does not meet your satisfaction, you should consult an attorney to determine the optimal next steps to take with your claim.
The Diefer Law Group has many years of professional experience with complex employment law cases, including sexual harassment claims related to harassment from third parties. Whatever your unique situation entails, trust our firm to provide comprehensive guidance and support through all stages of your case. Contact us today to schedule a free consultation with our team and learn more about the legal services we offer.
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