Third-Party Harassment Attorney

Yes. Under California FEHA (Gov. Code § 12940(j)(1)), employers are liable for harassment by non-employees if the employer knew or should have known of the conduct and failed to take immediate and appropriate corrective action. New York law imposes the same duty. Employers must take steps to protect employees from third-party harassment, including banning offending customers if necessary.

Your employer must take the complaint seriously, investigate promptly, and take corrective action. This may include warning the customer, assigning a different employee to the account, banning the customer from the premises, or ending the business relationship. An employer who prioritizes a customer relationship over employee safety violates the law.

No. Requiring you to continue interacting with your harasser without taking protective measures violates anti-harassment laws. If your employer insists you maintain the relationship despite your complaint, this can constitute both a failure to prevent harassment and potential retaliation for reporting it.

Anti-harassment laws extend to all work-related settings, including off-site meetings, business trips, conferences, and employer-sponsored social events. If harassment by a third party occurs in any work-connected context, your employer has the same obligation to prevent and address it as they would for on-site harassment.