In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake.
Courts have repeatedly held employers responsible for the discriminatory wrongdoing of third parties, even when the employer itself claimed to be free of bias. An employer’s obligation to take prompt, reasonable remedial action is designed to address and respond to complaints of harassment, even if the alleged harasser is not an employee of the company.