The facts in this court casewere extreme. Many workplace harassment situations will not be so overt. That’s all the more reason to develop guidelines to reduce the risk of third party harassment. Here are some starting points:
1. Make sure your harassment reporting policy includes conduct by non-employees. Managers need to know the potential for liability from the conduct of third parties.
2. Don’t ignore a complaint of third party harassment from an employee. Investigate complaints quickly, yet thoroughly.
3. A third party harasser may work for a regular customer or supplier to your company. Your response may require written notice to the harasser’s employer, including a statement of what you expect it to do to correct the problem.
4. Inquire further if an employee reports discomfort in continuing to work with other co-workers or third parties. The situation could grow into a discrimination claim without early intervention by management.
The risk of liability for third-party workplace harassment cannot be totally eliminated. But well-reasoned policies and procedures, backed up by conscientious managers or supervisors, go a long way toward minimizing an employer’s risk.