The Law, Liability & Who Is Protected

Preventing Sexual Harassment · Module 1 · 2 Scenarios

Preventing Sexual Harassment · Module 1

The Law, Liability & Who Is Protected

Use these scenarios for team coaching sessions, 1:1 debriefs, or certification preparation

1

Scenario 1

The Complaint About a Vendor

Situation

A member of your team quietly tells you that a delivery driver from an outside vendor has repeatedly made sexual comments to her when he drops off supplies. "He doesn't even work here," she says, "so I figured there was nothing anyone could do." You are her supervisor. This is the third time she's mentioned being uncomfortable.

Your Task

Respond correctly, understanding the employer's duty regarding non-employees.

Step-by-Step Guidance

1

Recognize the legal reality: an employer can be held responsible for the harassing acts of non-employees (vendors, clients, customers) once a supervisor knows or should have known.

2

Understand that as a supervisor, your knowledge is the company's knowledge — the duty to act was triggered the first time she raised it.

3

Take the complaint seriously and immediately; reassure her that reporting was the right thing and that she will not be retaliated against.

4

Report the complaint through your organization's process (HR / designated channel) — do not try to quietly handle it yourself.

5

Ensure immediate and appropriate corrective action is taken with the vendor relationship, up to and including barring that driver.

6

Document what was reported, when, and the steps taken.

Facilitator Debrief

Employers can be liable for harassment by non-employees when the employer or its supervisors knew or should have known and failed to take immediate, appropriate corrective action. A supervisor who hears about it and does nothing exposes the company — and fails the employee. "They don't work here" is never a reason to ignore harassment.

Key Principle

Supervisor knowledge = employer knowledge. The duty to act covers harassment by non-employees too.

2

Scenario 2

Who Counts as Protected?

Situation

During a manager huddle, a peer says: "Harassment training is really only about protecting full-time female employees, right? Contractors and applicants and the guys aren't really covered." Several managers nod. You know this framing is wrong and could get the company sued.

Your Task

Correct the misconception about who the law protects and who can be liable.

Step-by-Step Guidance

1

Clarify that protection is not limited to any one gender — harassment law protects everyone, regardless of sex or gender.

2

Explain the protected categories reach far beyond permanent employees: applicants, unpaid interns, volunteers, and independent contractors are covered.

3

Name the many protected characteristics (e.g., race, religion, sex/gender, gender identity/expression, sexual orientation, national origin, disability, age, and more) — harassment isn't only sexual.

4

Explain who can be held personally liable: the harasser themselves, and supervisors who knew and failed to act — not just the company.

5

Reinforce that supervisors are held to a higher standard because they act as agents of the employer.

6

Redirect the team to treat every complaint, from anyone, with the same seriousness.

Facilitator Debrief

The law protects a broad group — employees, applicants, interns, volunteers, and contractors — across many protected characteristics, and it protects all genders. Individuals, including supervisors, can be personally liable. Managers who narrow "who counts" in their own minds create exactly the blind spots that produce liability.

Key Principle

Protection is broad (17 bases, all genders, incl. contractors & applicants); liability can be personal.

The 3-3-3 Method, Habits & Leading the Team’s Time Quid Pro Quo, Hostile Environment & Defenses