Sexual Harassment by Nonemployees: Employer Liability for Conduct of Third Parties

Robert A. Shearer

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DOI: 10.2190/9LR0-C5F7-LVF9-6P53

Abstract

Aware of the risk of liability for sexual harassment by supervisors and coworkers, employers have developed programs to educate employees and established processes for handling complaints in the workplace. The Equal Employment Commission's Guidelines, however, set forth other, less obvious forms of sexual harassment for which employers may be liable. Harassment by nonemployees—customers, clients, salespersons, contractors, etc.—has been determined to be a violation under certain circumstances. This article analyzes several cases in which employees have charged sexual harassment by nonemployees and discusses effective employer responses to such complaints.

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