Sexual Harrassment by Independent Contractor

KenB

Our organization outsources certain functions to an independent company that has their own employees come on site to do the functions (e.g. cleaning). There has been an accusation by some of our staff that a couple of their employees have been making inappropriate remarks and we need to take steps to investigate.

Does anyone know what the potential liability of a company is for harassment by an independent contractor that it hires? Is it the same as if it is one of its own employees?

Also I'm assuming we should first advise our contractor's president about the behavior and bring him into the process and let him know its our intention to investigate and need his cooperation in interviewing these people, etc. Any tips on the steps to take in a situation like this?

Margaret Morford

You do have liability for harassment of an employee by an independent contractor... or by the person who fills your coke machine, the UPS person or a customer. They don't even have to be an independent contractor for your company to have liability. I would contact whomever you contract with to provide these services and report the incident to them. Tell them you are going to investigate these allegations and you will let them know what you discover. Do not turn the investigation over to the contractor. You should be talking to your employees. The contractor may want to sit in on your interview with their employee. Then determine what you as a company want to do. If the facts are bad enough, tell the contractor that you no longer want that person on your premises. If you decide that person can remain, make sure the contracting company knows that one more incident and they either change the person out or you will hire a new contractor. Document all this. Once you know what will be done by the contractor to handle the situation, advise the employee what you have done and tell him/her that you want them to report any other problems if they develop. Call if you want to discuss further.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]