This is Part 2 of and a follow up to my previous post on the topic “Mastering Employer Accountability in Third Party Harassment Cases”.
The answer is rather opaque. Strictly speaking under the Employment Act, there are no express laws that govern third party harassment. That said, we cannot take the position that an employer is absolved of its duties to provide a healthy and safe work environment for your employees. Any type of harassment that an employee suffers whilst carrying out his/her duties to the company will fall within the ambit of duty of care that the employer owes its employees.
WHAT DOES AN EMPLOYER NEED TO DO THEN?
• Have clear policies that define what constitutes third-party harassment. Company policies should mention that third party-based harassment is prohibited.
• Provide a mechanism for reporting and addressing it.
• Equip HR personnel to deal with such complaints adhering to privacy and confidentiality policies of the company.
• Conduct regular training for employees to raise awareness about the issue and provide guidance on how to prevent it.
MITIGATING MEASURES
• Consider using a survey or audit to determine if employees are experiencing discrimination or harassment (always consult a lawyer before conducting a survey or audit).
• If the anti-discrimination and anti-harassment policies of a client or vendor do not align with those of your company or if they fail to take appropriate action in response to the firm’s investigation, consider issuing a notice to the said company and if no action is taken, then consider severing the relationship.
• Consider providing third parties with copies of your firm’s anti-discrimination and anti-harassment policies.
In summary, every employer must take reasonable steps to ensure that its employees are working in a safe work environment. Safe here will include ensuring that the employees are not subject to any type of harassment or trauma.