HR should take a proactive approach when customers, vendors, or contractors harass employees, writes Alexander Reich of Saul Ewing LLP.
Alexander Reich, a labor and employment attorney with Saul Ewing LLP, notes that most workplace harassment policies focus on the actions of co-workers and supervisors.
However, harassment can also come from outside the organization, including customers, vendors, and contractors, creating unsafe environments for employees.
A recent 6th U.S. Circuit Court of Appeals decision, Bivens v. Zep, Inc., highlights the need for HR professionals to rethink liability in these situations.
In Bivens, a saleswoman visiting a client site was invited into a customer’s office, where he made sexual advances. She declined and reported the incident to her manager, after which her territory was adjusted to avoid future contact. Later, she filed a sexual harassment claim.
Author's summary: HR must proactively address harassment from third parties.