We recently reported on a new federal Ninth Circuit ruling that you can be liable if a client sexually harasses an employee and you don’t take adequate steps to remedy the problem. Now, for the first time, a California jury has weighed in on harassment by non-employees, and the case has a different twist. The state Department of Veterans Affairs was held liable for the sexual harassment of a veterans home employee by an elderly resident. Here’s how the dispute came about.
Resident Harasses Nurse
Helga Carter, a nurse at the state-operated Barstow Veterans Home, claimed that Scott Brown, an 84-year-old resident, repeatedly harassed her over one year. Brown allegedly made lewd remarks, stared at Carter’s breasts and buttocks and told her he wanted to try out his new penile implant on her. Plus, Brown allegedly spread rumors throughout the facility that he and Carter were having sex at the local Motel 6.
Carter said she had to carry a walkie-talkie for safety and allegedly had to call security several times because of Brown’s behavior. Eventually Carter quit and sued the California Department of Veterans Affairs for sexual harassment.
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Employer Fails To Respond To Complaints
Carter claimed she complained orally about the harassment to her supervisor and submitted three written complaints, but the department didn’t investigate or take appropriate steps to correct the problem. Her supervisor didn’t take Carter’s complaints seriously and laughed about them, Carter’s attorney Terry Wilson told CEA. Then, the administration assigned Carter to work nights and weekends when there was less security at the facility. After Carter filed a lawsuit, according to Wilson, the department issued a policy stating that residents could be discharged for sexual harassment.
The department argued that it couldn’t be liable for the acts of someone who was not an employee. And, Wilson told CEA, the department asserted that Carter had a consensual sexual relationship with Brown.
A San Bernardino County jury ruled for Carter and ordered the department to pay her more than $184,000. This is believed to be the first California jury to hold an employer liable for sexual harassment by a nonemployee. The department has said it plans to appeal.
What To Do Now
This case underscores that you have to protect your employees from harassment in the workplace even if the harasser doesn’t work for you. Here are tips for handling harassment complaints involving customers, clients, patients, vendors or anyone else your employees must interact with:
- Always investigate. It’s critical to have effective procedures in place for promptly and thoroughly investigating all complaints. Harassment reports should be referred to high-level individuals you have designated and trained to handle them.
- Exercise control. Put the alleged harasser (and their supervisor, if applicable) on notice that the harassing behavior must stop. It helps to have a harassment policy already in place that spells out the consequences of harassment. But if the person doesn’t respond to your request, you may ultimately have to sever the relationship by taking your business elsewhere or refusing service to the harasser.
- Never retaliate. Whatever the outcome of your investigation, don’t do anything that might be considered retaliatory against the victim—such as changing their work duties or reassigning them to a less desirable position or schedule.