From JDSupra, Robin Shea discusses the new guidance for employers on workplace harassament which includes protections for workers from harasssment by non-employees such as independent contractors.
The proposed EEOC guidance states:
3. Non-Supervisory Employees, Coworkers, and Non-employees
Federal EEO laws protect employees against unlawful harassment by other employees who do not qualify as a proxy/alter ego or a “supervisor,” i.e., other employees without actual or apparent authority to take tangible employment actions against the employee(s) subjected to the harassment. These other employees may include coworkers and shift leads or other workers with limited authority over the complainant. Employees are further protected against unlawful harassment by non-employees, such as independent contractors,[214] customers,[215] students,[216] hospital patients and nursing home residents,[217] and clients of the employer.[218]
Source: PROPOSED Enforcement Guidance on Harassment in the Workplace | U.S. Equal Employment Opportunity Commission
