Harassment by Non-Employees is Still Harassment

Harassment by Non-Employees is Still Harassment

Davie employers are reminded that they can be held legally responsible for harassment of their employees, even when the harasser is not on the company payroll. This important clarification comes from a recent seminar given to corporate managers, highlighting that an employer's responsibility extends to preventing and remedying harassment based on protected categories such as sex, disability, race, or age, regardless of whether the perpetrator is an employee or a customer.

The issue gained national attention recently with a significant jury verdict against Costco. The retail giant, which operates a warehouse club along University Drive in Davie, was ordered to pay $250,000 to a part-time employee who experienced sexual harassment from a customer. According to reports, the customer repeatedly asked the employee on dates, engaged in non-consensual hugging and touching, and filmed her while she was working at the store. The harassment continued even after the employee reported the incidents to her managers.

The employee eventually sought a restraining order against the customer before pursuing legal action against Costco. During the trial, Costco argued that it had fulfilled its legal obligations to address the problem, noting that it advised the customer to shop at a different location. However, this action was taken only after the employee had already gone on leave due to emotional distress. The jury ultimately found Costco responsible for the customer's behavior, concluding that the damage had already been done by the time the employer intervened.

This case serves as a stark reminder for Davie businesses, from equestrian centers to retail outlets: the legal obligation to protect employees from harassment extends beyond the actions of fellow staff members. Employers are responsible for ensuring a safe work environment, and inaction or insufficient action against harassment by non-employees can lead to significant legal and financial repercussions. As the saying goes, the customer is not always right, especially when their behavior crosses the line into harassment.