How Employers can Address Harassment by Non-Employees

For the most part, instances of employees being harassed by co-workers are quite common and employers have a fair bit of idea of how to deal with such scenarios. Just watch Vince Masuka (C.S. Lee) in Dexter. Was that harmless sexual harassment? Is there such a thing? Masuka was pretty funny, the female employees tolerated him because they knew he was not being narcissistic or vindictive. 

But what happens when a staff member faces harassment by third party and who is vindictive and narcissistic, who is someone not employed by the organization? It is vital to note that employers may face serious legal repercussion if they fail to take effective measures to stop the harassment.

Recent Third Party Harassment Case against Employer

Sexual harassment lawyers site two recent cases of third party harassment. In 2012 the EEOC filed a lawsuit against a private healthcare institution in Virginia where a receptionist faced harassment at the hands of a patient. She complained but the management failed to take appropriate action against the harassment. The result was a lawsuit by the EEOC. The employers settled by paying the nurse $30,000 in damages.

How to Deal with Third Party Harassment

Employers must have a written policy detailing the procedures that should be followed to report an incident and what steps should be taken to stop further incidents. Moreover, they must designate multiple individuals who can be approached to report an incident. Having an amazing workplace sexual harassment policy not only secures the victim it also safeguards employers from costly lawsuits.

Most third party harassment happens in hospitals where staff often come in close physical contact with patients and residents who may misunderstand the gestures as intimacy. Prominent sexual harassment attorneys suggest that healthcare staff must get regular training through which they should learn how to react if they face an untoward situation.

They should be taught to react in a particular fashion so that a harasser knows that his or her behavior is unwelcome. In this way the problem can be stopped from becoming ‘severe or pervasive’. This is a standard accepted by the courts to determine if the conduct qualifies as sexual harassment.

It is also important to conduct an investigation based on the report. Employers must never sit on a complaint for long. You can assign a different individual to handle the particular customer and ask the victim if he/she wants to be moved out of the department. You can also initiate certain staffing adjustments. For instance, you can ask a supervisor or another employee to accompany the complainant whenever he/she is in the presence of the harasser.

The psychologist, Dr. Stephanie Woods (Mary Ellen Trainor), in the Lethal Weapon movies certainly grew tired of being harassed by Det. Riggs (Mel Gibson) but that was not sexual harassment, this was more career harassment but it could be closely construed as sexual harassment. Riggs did not respect her profession and with everyone laughing at her, she could have a case. In real life Riggs would have been reprimanded. But at the same time, any adult who used to get so obviously riled up will invite derision. But again, in reality, Riggs would have been told to knock it off. Many police know that psychologists play a vital role in the department.

Just watch The Departed with Madolyn (Vera Farmiga).

Do not take Actions that may Construe Retaliation

Sexual harassment lawyers caution that at this stage it is essential not to take any action that the complainant might deem as retaliation. For instance, even if a transfer is overdue, do not relocate the victim without clarifying first. In addition, do not take disciplinary action at this stage or give a difficult assignment that can appear to be an adverse job action.

If you have been received complaints of third party sexual harassment at the workplace it is prudent not to waste time in consulting an expert sexual harassment lawyer to know how you can deal with crisis best. This is the best way to avoid expensive lawsuits that will only end up tarnishing your organization’s or business’s reputation.

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