Managers are often very careful to immediately respond when an employee claims harassment. But what if the harassment source doesn't work for your company? Sometimes, managers feel helpless when outsiders such as customers or vendors harass their subordinates. How can a manager control this type of harassment? You better do something! A recent Court of Appeals case ruled that managers must take "all steps necessary" to prevent the harassment.
Although the particular case involved a woman corrections officer who was being harassed by prison inmates, the same principles apply no matter who is the harasser.
The ruling stated that
"Employers are liable for the acts of non-employees when they "know or should have known of the conduct" and fail to "take immediate and appropriate corrective action." The court also noted that "[t]his theory of liability is grounded not in the harassing act itself - i.e., inmate misconduct - but rather in the employer's 'negligence and ratification' of the harassment through its failure to take appropriate and reasonable responsive action." Freitag v. Ayers (9th Cir 09/13/2006)
How should you react? If you see this type of harassment, document a verbal warning. If it is a vendor, advise the HR department at the supplier. If the harassment continues, ban them from your premises immediately.