Individuals besides your employers and fellow employees are capable of sexual assault. Here’s what you need to know about third-party sexual harassment in California.
Third-Party Sexual Harassment
Third-Party sexual harassment occurs as a result of sexual harassment conducted by:
- Vendor
- Client
- Independent Contractor
- Customer
If an employer fails to prevent sexual harassment from the parties listed above, the employer can be held liable.
Third-party sexual harassment is classified as a form of workplace sexual harassment. These cases tend to prove more difficult because the employer may not have direct influence over the third party.
Ex: Customers are constantly stating sexually derogatory statements towards the cashier of a restaurant/bar.
Third-party sexual harassment is prevented by state and federal law under The Fair Employment and Housing Act and California Government Code 12940.
Third-Party Sexual Misconduct in the workplace falls into two categories:
Quid Pro Quo
Vendors, Customers, or any other individuals who demand/request sexual favors in exchange for unique workplace benefits are guilty of quid pro quo sexual harassment.
Examples of third-party quid pro quo include
Threats that an individual will be reported if they do not submit to a sexual demand/request.
Offering to take the blame for a mistake in exchange for a sexual favor.
To properly file a quid pro quo harassment case, the plaintiff needs to provide the following:
- Worked for the defendant, applied to work for the defendant, provided any type of service to the defendant.
- A third-party individual made sexual advances against the plaintiff’s consent
- Personal favors were offered in return for the fulfillment of sexual requests.
- The defendant/worker suffered harm/injury from these sexual requests/advances
- The third party’s actions were a large factor in that harm/injury
Third-Party Quid Pro Quo behaviors include the following:
- Offering to take the blame
- Offering to give a good rating
- Offering to do parts of their job
- Threatening to tell their boss lies
- Threatening to give bad reviews
Explicit or implicit quid pro quo offers are illegal. In order for something to be qualified as harassment, the plaintiff must provide evidence that the repercussions they experienced are directly tied to refusing the sexual act. If a threat is not followed up on then it cannot qualify as quid pro quo. However, this may qualify as a hostile work environment.
Quid Pro Quo cases tend to be uncommon in regard to third-party sexual harassment. However, it still can occur.
Ex: Janice makes a stocking mistake while dealing with a third-party vendor and the vendor offers to take the blame if Janice fulfills his sexual request.
Related: Types of Sexual Harassment in California
Hostile work environment
This method of sexual harassment occurs when an employee is a victim of unwelcome sexual advances or any other type of inappropriate conduct that is consistent and severe enough to interfere with the individual’s work environment and mental health. Furthermore, the sexual advances and inappropriate behavior also result in an intimidating, hostile, or offensive work environment. The work environment must meet the criteria of being perceived as abusive to any reasonable party. In order to meet this standard a pattern of unlawful behavior, a severe instance of abuse, such as sexual assault, can be enough to constitute sexual harassment. Third-Party harassers can include fellow delivery services, customers, or suppliers.
Examples of a Hostile work environment include:
- Submission to sexual requests is explicitly or implicitly a term of doing business
- Consistent sexual remarks, comments, or jokes
- Consistent offensive or demeaning remarks about a person’s gender or physical appearance
- Purposeful unwelcome touching
- Exhibiting offensive sexual material in the workplace.
- Pressure to go on dates or engage in sexual acts
The impact upon the plaintiff/victim is the primary factor that determines if sexual harassment has occurred. The intent of the defendant is a secondary factor.
While it is uncommon, it is possible for third parties to create a hostile work environment.
Ex: The delivery service provider always whistles and makes comments of a sexual nature to Madison whenever he drops off a package.
Related: How to File a Sexual Harassment Complaint in California
Damages that can be obtained in a workplace harassment lawsuit
Victims of sexual assault in the workplace are able to obtain compensatory damages for
- Back Pay
- Front Pay
- Loss of Reputation
- Psychological/Emotional Damages
- Pain or suffering
The outcome of the court’s decision can also result in compensation for:
- Attorneys fees
- Expert witness fees
- Court costs
- Punitive Damages
Employers are only able to claim the damages above if the charges brought against them were puerile.
FAQs
Can I file a lawsuit against an employer and a third party?
Yes. Deciding to pursue legal action against all parties involved is a possible decision the defendant can take.
Can I lose my job for filing a lawsuit against my employer?
No. Any form of retaliation by your employer post lawsuit can result in severe legal difficulties for your employer.
Related: Retaliation for Reporting Sexual Harassment in California
Contact Us
If you or a loved one has experienced third-party sexual harassment in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. We won’t charge you a dime unless you win your case.