Sexual Harassment · California & New York
Third-Party Harassment Attorney
Dealing with a third-party harassment issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Third-Party Harassment Scenarios
What You Can Recover in a Third-Party Harassment Case
If you have experienced third-party harassment, California and New York law give sexual harassment victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the third-party harassment
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
Third-Party Harassment FAQ
Is my employer responsible for harassment by customers or vendors?
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.
What should my employer do when a customer harasses me?
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.
Can my employer force me to continue working with someone who harassed me?
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.
What if the harassment happens at off-site events or business trips?
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.
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