Because the new law opens all California employers up to liability for harassment of workers by nonemployees, it’s critical to take steps to prevent and address these situations. Here’s what you can do to avoid potential harassment complaints—and expensive liability—involving your customers, vendors, or other nonemployee business associates:
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- Review and publicize your complaint procedures. Your complaint-reporting process should encourage workers to feel comfortable raising complaints about inappropriate behavior—whether by a co-worker, manager, client, or customer. Conduct training on your antiharassment program for all employees at least once a year.
- Respond promptly to all complaints. Carefully investigate complaints and swiftly take any needed steps to prevent further harassment. If the customer or vendor does not stop the conduct, you may have to sacrifice your business relationship—or face a harassment lawsuit. Don’t ignore the problem, no matter how important the client.
- Make your policies known. One way to avoid harassment by clients and customers is to distribute a brief policy statement outlining the ethical practices you expect to govern your relationship, including a statement barring sexual, racial, or other harassment. Distribute this statement at the start of new business relationships and when a contract is being renewed.