If your supervisor at work demands that you give him sexual favors or else lose your job, and you report that harassment to your employer and your employer does nothing to the offender, then you may know that you can go to court against both your employer and the supervisor. But, what if the harasser is someone who isn’t employed by your employer? Does that difference mean that you have no case? The answer is no, it does not mean that. Depending on the facts of your case, you may still have options. One option to which you definitely should avail yourself is reaching out to an experienced New Jersey employment attorney about your situation.
A recent federal case from neighboring Pennsylvania (Hewitt v. BS Transportation of Illinois, Civ. No. 18-712) tackled this issue of harassment by non-employees. C.H., the allegedly victimized employee, worked as a freight driver for a transportation company. The alleged problems started in 2014, beginning with sexual advances by an employee of a client. Allegedly, the harassment included both sexual comments and gestures and eventually escalated to becoming physical, with the harasser grabbing the driver “by the buttocks with one hand and shoving” him against a freight car.
According to the driver’s lawsuit, he reported the assault. Allegedly, C.H.’s own supervisor told that the matter would be handled, but no action was ever taken against the harasser.