An employee complains to HR about being sexually harassed at work by a non-employee.  Can the employer face liability for a non-employee’s behavior?  The short answer yes, under Title VII the employer must investigate and take action to end the harassment.

This is correct. Of course, the employee must prove that the employer knew or should have known but the harassment taking place. Thus, if it was a single or a few isolated incidents of harassment by non-employee or if the employee didn’t complain about harassment to his employer, no liability will lie - at least under California law.

Thanks,

Arkady Itkin
http://www.sanfranciscoemploymentlawfirm.com

Yes - I agree with arkadylaw, but it is subjected with the employee should complain the same to the employer to take affect of the sexual harrasement under Title VII.

With respect to federal claims brought under Title VII, the EEOC has issued regulations on the subject.

Link: http://edocket.access.gpo.gov/cfr_2003/julqtr/29cfr1604.11.htm

29 C.F.R. 1604.11(e) provides:

An employer may also be responsible for the acts of non-
employees, with respect to sexual harassment of employees in the
workplace, where the employer (or its agents or supervisory employees)
knows or should have known of the conduct and fails to take immediate
and appropriate corrective action. In reviewing these cases the
Commission will consider the extent of the employer’s control and any
other legal responsibility which the employer may have with respect to
the conduct of such non-employees.