Harassment by nonemployees: how should employers respond?

HR Magazine, Dec, 1996 by Diana L. Deadrick, Scott W. Kezman, R. Bruce McAfee

Although the courts have not yet addressed this issue, it is safe to say that the more control employers have over a harasser, the more the courts will expect from them in the way of a response.

PREVENT HARASSMENT BY NONEMPLOYEES

In approaching the problems surrounding harassment by nonemployees, proactive employers should focus their efforts on three major areas: taking preventive steps, monitoring employee-nonemployee interactions, and taking corrective action.

According to the EEOC guidelines, the best way to eliminate all types of harassment is through preventive measures such as affirmatively raising the subject, expressing strong disapproval, informing employees of their rights to raise the issue, and developing methods to sensitize all concerned.

The key to prevention is creating an environment free of harassment from any source. There are two primary mechanisms for doing that: developing harassment policies and conducting training.

Policy formulation. Employers should revise their current anti-harassment policies and handbooks to incorporate statements specific to harassment by nonemployees. A typical policy consists of at least five parts: a definition of harassment, examples of harassing behaviors, a statement that prohibits harassment, a complaint mechanism and a disciplinary process. Definitions of harassment need to be expanded to specifically address harassment by nonemployees.

For example, a policy that defines harassment as occurring "between any employees, regardless of whether they are supervisors or nonsupervisors," could be broadened to "between any employees, whether supervisors or nonsupervisors, or between an employee and a client, customer or other nonemployee." Similarly, examples of harassing behaviors cited in the policy need to be expanded to include harassing conduct by nonemployees, such as a customer who directs ethnic slurs at a cashier.

These revised policy statements should be posted in various work locations so that employees are aware of the employer's position on the issue and so they know that the policy has been expanded to cover harassment by nonemployees. Some firms may want to post all or a portion of their policy in a conspicuous place where nonemployees can see it, especially if the company follows a "customer is always right" philosophy or hires many contingent workers.

In work environments where harassment by nonemployees is likely to be a frequent problem - for example, bars, restaurants and manufacturing facilities - employers should consider posting signs stating that "Harassment of our employees by anyone, including nonemployees, is prohibited."

Complaint procedures should include mechanisms for reporting harassment by nonemployees. For example, one large transit firm states in its policy, "If you are harassed by a nonemployee, report the situation to your supervisor or to the human resource manager. Likewise, if you become aware that a nonemployee is harassing another employee, report the matter as soon as possible to the employee's supervisor or to the human resource manager." A large resort has a policy that reads, "As an employee of the resort, you can assist us by reporting to the management any harassment by either an employee or a guest."