CHLA Lodging News May/June 2019

10 CALIFORNIA LODGING NEWS www.calodging.com MOST EMPLOYERS FOCUS on workplace harassment claims arising from co-workers’ or supervisors’ conduct. However, an employer also may incur liability for unlawful workplace harassment perpetrated by an outsider, such as a guest. Hospitality industry employers must understand their liabilities and rights when it comes to unlawful harassment by third parties. The Law The law recognizes that an employer cannot prevent all acts of harassment by a third party. No business can anticipate what a stranger might do (even a paying stranger!). Therefore, neither California nor federal law holds an employer “strictly” liable for the acts of a non-employee, such as another organization’s employee, or a guest. Instead, a negligence standard applies to an employer’s potential liability for third-party harassment. That means an employer may be held liable to the extent it knew or should have known of the third party’s conduct and failed to take immediate and appropriate action to stop it. Employer Responsibilities An employer’s focus should be on preventing harassment and taking prompt corrective Addressing Harassment of Employees by Guests By Jennifer Brown Shaw, Principal, Shaw Law Group