ASSOCIATION ETHICS


#MeToo and veterinary practice: How to stop harassment from third parties By Sharon Gold


In the July issue, we discussed what to do if you are being harassed and, in the April issue, what employers should do if they receive a complaint of harassment. But what happens if a vendor or client is the harasser? For example, a veterinarian could be harassed by a farm manager or farm owner, or by a salesman who supplies medications to the practice. While state law varies, the following are general tips for employers and employees when faced with this very common issue of harassment from third parties.


How should an employer respond to an employee complaint of harassing behavior from a client? Although state law varies, in general, employers can be liable for known harassment from third parties. This means that if an employer knows that a client is harassing the employer’s employees, then the employer can be legally responsible to prevent the harassment.


How can an employer prevent harassment from a third party? Clearly an employer cannot “discipline” someone who does not work for him/her. A vendor may be easier for an employer to address because vendors are seeking business from the practice. Clients, on the other hand, are bringing money into the practice. However, there are ways that an employer can protect an employee from harassment from clients. For instance, the employer could:


• Investigate the complaint promptly


• Talk with the client or client’s human resources representative about the harassment and tell him/her that it must stop


• Move the employee away from the client without negatively affecting the employee’s job


• Terminate the relationship with the client


• Implement other preventative measures depending on the circumstances


The employer’s duty is to take prompt action that is reasonably likely to prevent the harassment from occurring again. In taking remedial action, the employer should guard against unlawful retaliation. For instance, the employer cannot take any kind of action that would negatively impact the employee who complained, such as


AAEP News September 2018 V


moving an employee to a less favorable position in order to stop harassment from a client. This may be considered unlawful retaliation.


To stop harassment from vendors or clients, employers need to make sure they have a harassment policy and that the policy includes a complaint procedure for harassment from vendors or clients. Employers need to have the same zero-tolerance policy with vendor- or client-caused harassment as they do with employee-on-employee harassment.


Should an employee complain about harassing behavior from a vendor or client? What if you are the victim of harassment from a vendor or a client? As mentioned, employers may have duties to prevent harassment from clients if they know or reasonably should know about it. Employers cannot remedy a situation unless they are aware, or should be aware, that it is happening. As a result, it is very important for those suffering from harassment from clients or vendors to report the misconduct to their employers promptly. In addition, because some employees do not feel strong enough to report harassment, it is vitally important for all witnesses to the harassment to report it.


Depending on the facts of the particular case, the victim of harassment by a vendor or a client may also press criminal charges or file a civil lawsuit against the third party for assault or battery.


Sharon Gold is an employment attorney at Wyatt, Tarrant & Combs in Lexington, Ky.


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