Across different professions, everyone relies on their work environment to be a space free from harassment. You deserve a workspace that does not subject you to unwanted conduct, particularly when that conduct comes from people outside of your company.
If you have experienced unwanted sexual comments, inappropriate touching, repeated advances, or other forms of sexual harassment from a third party, speaking with a Sacramento third-party sexual harassment lawyer at Erkel Law, P.C. can help you understand your legal rights and options.
Third-party sexual harassment occurs when someone outside your employer’s workforce, such as a customer, client, vendor, contractor, delivery driver, patient, or visitor, engages in inappropriate conduct under California Government Code § 12940(j)(1). Although these individuals are not your coworkers, your employer still has legal responsibilities to protect you from unlawful harassment. Under Cal. Gov. Code § 12940(j)(1), an employer may be responsible for harassment by nonemployees if the employer, its agents, or supervisors knew or should have known of the conduct and failed to take immediate and appropriate corrective action.
Talking to a skilled Sacramento third-party sexual harassment attorney at Erkel Law as soon as possible after an incident can help you preserve critical documentation that supports your claim. This could include emails, text messages, surveillance footage, witness statements, photographs, personnel records, or documentation showing that you reported the harassment to management. Working with a lawyer can also help you avoid mistakes that could affect your claim.
Third-party harassment can occur in many different work environments, particularly public-facing, customer-based roles such as retail, hospitality, healthcare, transportation, education, construction, or professional services. Examples may include:
Even if these incidents involve someone outside your company, you should not ignore them. An experienced third-party sexual harassment lawyer in Sacramento understands that state law requires employers to investigate complaints and implement reasonable measures to protect employees from continued harassment under Cal. Gov. Code § 12940(j)(1) and legal counsel will fight to protect your rights.
The state provides strong protections against workplace harassment. The California Fair Employment and Housing Act prohibits harassment based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, and other protected characteristics. According to Cal. Gov. Code § 12940(k), employers are required to take reasonable steps to prevent harassment and promptly address complaints when they become aware of inappropriate conduct.
Importantly, these obligations extend beyond employee-to-employee interactions. If a third party repeatedly engages in sexually harassing behavior and your employer fails to take appropriate corrective action after learning about it, the employer may be held legally responsible per Cal. Gov. Code § 12940(j)(1). A Sacramento third-party workplace sexual harassment attorney will communicate with your employer for you, allowing you to focus on your work and well-being.
If your claim is successful, California law may allow you to recover damages designed to compensate you for the harm you experienced. Potential remedies may include compensation for lost wages, lost employment benefits, emotional distress, attorney’s fees, and court costs pursuant to Cal. Gov. Code § 12965(c).
Courts may also order employers to implement corrective workplace policies or provide additional training to prevent future harassment. The remedies available will depend on the specific circumstances of your case, the evidence presented, and the applicable law. Having the guidance of a dedicated third-party harassment lawyer will significantly increase your chances of a favorable result.
Do not assume that unwanted behavior from a third party is simply part of your job. By consulting with a Sacramento third-party sexual harassment lawyer, you can better understand your rights, evaluate your legal options, and make informed decisions to protect yourself and your future.
Experienced legal counsel can help you navigate law and procedure, advocate for your interests, and pursue the remedies available in California when an employer fails to meet its legal obligations. Call Erkel Law today for your confidential consultation.
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