Sometimes, a hostile work environment does not come from crude comments from a boss or a coworker, but from the very people you are hired to help, like customers or suppliers. But even in this case, your employer has a strict obligation by law to shield you from harassment by third parties.
The FEHA requirement: employer accountability
According to the California Fair Employment and Housing Act (FEHA), protection against harassment covers more than just internal staff. This law states that employers are responsible for the actions of non-employers, including clients and suppliers. If they were aware or should have been aware of the harassment and did not take swift and suitable corrective measures.
In simpler terms: if a customer harasses you, your employer’s main obligation is to safeguard you, not the customer relationship.
Proving employer awareness
A third-party harassment case depends on demonstrating awareness. These are some useful steps to prove it:
- Record details: Promptly document the incident, including what was said or done, the date, and any colleagues who witnessed the customer’s behavior.
- Report internally: Notify HR or a manager about the incident. This establishes official acknowledgment and prompts the employer’s obligation to respond.
- Seek legal action: You have three years from the last harassment act to file a lawsuit or a complaint with the California Civil Rights Department (CRD).
If the company dismisses your report, downplays the abuse, or encourage you to deal with it, their lack of corrective measures makes them responsible for the persistent hostile environment. An experienced lawyer can help you with a sexual harassment complaint.
