Under California law, employees are protected not only from harassment by coworkers or supervisors, but also from harassment by individuals who do not work for the employer, such as customers, clients, patients, students, vendors, or visitors. The California Fair Employment and Housing Act (“FEHA”) recognizes that everyone deserves a workplace free from harassment, including from third parties.
When Senate Bill 1300 (“SB 1300”) took effect on January 1, 2019, it expanded protections for California employees under the FEHA. Prior to SB 1300, employers could be held liable only for sexual harassment by nonemployees. Now, employers can be held liable for any type of harassment covered by FEHA, such as harassment based on race, national origin, religion, disability, gender identity or expression, age, sexual orientation, and other protected characteristics.
In plain terms, if a nonemployee, such as a customer, harasses an employee because of a protected characteristic, and the employer knew or should have known but failed to act, that employer can be held liable under the FEHA.
The FEHA makes clear that employers must take “immediate and appropriate corrective action” once they learn of harassment by a nonemployee. The appropriate response depends on the circumstances. For example, an employer might restrict a customer’s access to the premises, transfer a student to another class, or terminate a vendor contract.
Employees do not have to be fired or lose pay to succeed in a claim against their employer for third party harassment under FEHA. Harassment alone can violate the law if it creates an intimidating, hostile, or offensive work environment.
If you have questions about third party workplace harassment, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.