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Non Employee Sexual Harassment


Sexual Harassment from Customers, Vendors, Contractors and Clients Violate Workplace Sexual Harassment Laws

Non-employee sexual harassment occurs when a customer, vendor, client, or anyone that does not work for your company makes unwanted sexual advances, comments, or contact with you. When a non-employee sexually harasses an employee or job applicant, they are violating workplace sexual harassment laws. Your employer’s job is to ensure you are safe from all sexual harassment at work, including that from a non-employee.

If your employer does nothing to stop non-employee sexual harassment, you have the right to demand justice. You need to contact a sexual harassment attorney who understands your rights and will stand by your side as you fight for them against non-employee sexual harassment.

Call our sexual harassment lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your non-employee sexual harassment claim.

What is Non-employee Sexual Harassment?

Non-employees are anyone that enters a business that does not work at the business. They can be clients, customers, vendors, repair people, third-party janitorial staff, contractors, and more. Non-employee sexual harassment occurs when one of these people that does not work for your company makes unwelcome remarks or comments, advances, or contact with an employee or job applicant.

Who Is Considered a Non-Employee?

Your employer may be liable for the harassment of all non-employees on company property. Individuals who may fall under this umbrella include:

  • Customers. People patronizing your place of business, such as a retail store or restaurant.
  • Clients. Any individual who hires your company to perform services for them, such as the client of law or consulting firm.
  • Independent contractors. Self-employed persons performing work or services for your company.
  • Consultants or contractors. Individuals working for an outside agency, such temps or consultants, who are performing work or services for your company.
  • Facilities or maintenance staff. People hired to do work around your office building or campus are included.

Can Non-employee Sexual Harassment Occur as Online Sexual Harassment?

Sometimes, you must work with clients, customers, and vendors online. You may speak with them over an online video meeting service. You may send emails to communicate client needs and your available services. A non-employee may send unwanted sexual comments or make unwanted sexual advances during these communications. In these cases, non-employees are committing acts of online sexual harassment.

Can Your Boss Fire You for Reporting Non-Employee Sexual Harassment?

You have the right to report a customer, client, or other non-employee for sexual harassment. Your boss has an obligation to act and stop sexual harassment. However, sometimes, they will punish you instead of stopping the non-employee’s actions. You cannot get fired from work in an act of wrongful termination, removed from a case, or receive other forms of retaliation for reporting sexual harassment from a non-employee.

Call us at 800-807-2209 to schedule a free consultation about your non-employee sexual harassment claim. Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.

What Are Examples of Non-employee Sexual Harassment?

Non-employee sexual harassment can take many forms. Some examples of non-employee sexual harassment may include the following:

1. You are a waitress at a local restaurant. A group of young men come into the restaurant and are seated in your section. They immediately start their communication by calling you “honey” and “sexy lady.” You giggle and laugh it off but are clearly uncomfortable.

You remind them of your name and point to your name tag. They refuse to change how they speak to you. At one point, your customer smacks your butt as you walk away.

You immediately tell your shift manager. She does nothing and instead tells you to take a break. She gives your table to another server. You lose the tip.

2. The printer repair person is in your office trying to repair one of the company printers. She looks up and sees you walk by. She immediately follows you to the coffee machine and begins talking with you.

She proceeds to tell you how handsome you are and that she would love to meet you for coffee. She then rubs up against you. You tell your manager. Your manager tells you to take it as a compliment and does nothing to stop the sexual harassment.

Can You Sue Your Employer for Non-Employee Sexual Harassment?

When a non-employee harasses you, your boss is responsible to stop the harassment from continuing. Your employer, CEO, supervisors, and managers have an obligation to make sure your workplace is safe and free from all types of sexual harassment. If your employer chooses to ignore the harassment for any reason, they are breaking the law.

Your employer may be held legally responsible for sexual harassment by a non-employee if:

  • The harassment created a hostile work environment.
  • You reported the harassment and no corrective measures were taken.
  • You could not report the harassment because there was no effective means by which to file a harassment complaint.
  • Your employer should have known about the harassment and took no corrective measures.

What Can You Do If Your Employer Ignores Your Claim for Non-employee Sexual Harassment?

You have a right to a workplace free from sexual harassment, even when it comes from non-employees. If your employer ignores your claim, you have a right to file a lawsuit against him in either federal or state court. Under federal law, you must file your charge with the EEOC before filing the claim in federal court.

State laws may allow you to file your claim in state court or with the proper state agency. Talk with a sexual harassment lawyer in your state to learn more about your rights to file a sexual harassment claim in state court.

When Should You File Your Charge for Sexual Harassment by a Non-employee?

A federal charge for sexual harassment must get filed with the EEOC within the statute of limitations of 180 days. In some states, the time limit to file your charge with the EEOC is 300 days. Once the EEOC provides a Right to Sue letter for your charge, you can file your complaint in federal court within 90 days.

To learn more about the timeline to file a claim of sexual harassment in state court, contact an experienced sexual harassment lawyer in your state. Our lawyers handle all sexual harassment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.

Can You Receive Compensation for Non-employee Sexual Harassment?

You have the right to receive compensation when you experience any form of sexual harassment, including sexual harassment from a non-employee. You may request financial relief, such as attorney fees, reimbursement of medical expenses, lost wages, and money for pain and suffering and emotional distress. You may also ask to receive your job back. Speak with a qualified sexual harassment lawyer to learn more about your rights for compensation.

What Should You Do to Help the Process of Filing Your Non-employee Sexual Harassment Charge?

Sexual harassment from anyone in a business is unacceptable. However, when it comes from someone who is not an employee, it can feel degrading and hopeless. The good news is if you are at work or a work event, you are protected from sexual harassment, even from a non-employee.

To help your case, you should work with a dedicated sexual harassment lawyer as soon as possible. If you wait too long to contact an attorney, you may miss your opportunity to file a claim and receive compensation. Speak with a sexual harassment lawyer to help you file your claim and begin the settlement process as soon as possible.

Contact our Team of Sexual Harassment Attorneys for Your Free Consultation

Sexual Harassment does not disappear on its own. Most harassment, even from non-employees, gets worse over time if you do not take immediate action. If you are the victim of non-employee sexual harassment at work, the experienced sexual harassment lawyers at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles can help.

Did You Experience Sexual Harassment from Your Client, Customer, or Other Non-employee While at Work? Did Your Employer Ignore the Harassment or Fire You Because of Your Complaint? Please Call Us at 800.807.2209 to Learn More About Your Rights.

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