More details to this question:
I was an employee of Company A. I was assigned to service Company B at another field location. An employee of Company B became sexually harassing. I notified the leadership of Company B of this problem 9 times with no remedial action taken. I informed Company B if it occurs again, I will be forced to file an EEOC charge. Company B retaliated by providing a false complaint against me and sent this to Company A. In a conference with Company A HR, I notified Company A of this Title VII harassment and retaliation by Company B. Within hours of receiving this notification of my protected activities, Company A terminated me. I understand Company A has some liability for harassment BY a non-employee. However, I was a non-employee harassed by an employee of Company B. Does Company B have any liability for their actions or only Company A? Can you provide any reference in case law that I can read regarding this issue with your answer? Thank you.
1 ANSWER
You may have a claim for hostile work environment sexual harassment and retailation. It is likely that Company A and Company B coudl be joint employers subject to liability for the hostile environment claim. Further, it is likely that both employers could be subject to liability for retailiation. Company A for false complaint. Company B for terminating you with knowledge and in reaction to you allegations of harassment. You should contact a local employment law attorney to assist you. Please visit my website, www.generalcounsellaw.com for more information or my contact information: mgreen@gcpc.com.
Answered on Jun 27th, 2015 at 4:39 AM