SEXUAL HARASSMENT BY CLIENTS, CUSTOMERS, AND SUPPLIERS - HOW EMPLOYERS SHOULD HANDLE AN EMERGING LEGAL PROBLEM

Sexual harassment of employees by nonemployees such as customers, clients, and suppliers is an emerging source of liability for employers. Because it has only recently gained some legal and public notoriety, it is unclear how some courts will treat it. However, EEOC Guidelines and a handful of cases indicate that employers will be held liable should their employees be victimized. This article attempts to formulate a model policy for dealing with this potentially serious form of sexual harassment. In constructing the policy the authors have applied the elements and concepts put forth in the now-famous case of Robinson v. Jacksonville Shipyards, Inc.