Employers have a legal and ethical obligation to provide a safe and respectful work environment for all employees. This includes protection from any form of harassment, including that which may come from customers, clients, or other third parties. A recent case involving an Illinois casino demonstrates the importance of employers guarding against potential harassment by non-employees. In this article, we will summarize the Wong case, its ruling, and discuss the employer’s obligation to maintain a harassment-free work environment, their liability for third-party harassment, and the importance of clear policies and communication.
The Wong case involves a former employee of the Rivers Casino in Des Plaines, Illinois, named Jiahui Wong. Wong worked as a waitress at the casino’s Cube bar from 2011 until 2013. During her employment, she complained to her supervisor and human resources department about being harassed by customers. Over the course of eight days, Wong complained that she had been harassed by patrons on five different occasions. The inappropriate behavior ranged from unwanted touching to sexual comments.
The ruling states that Wong’s sexual harassment lawsuit against the casino will proceed, since the court decided that a jury should hear the evidence and determine whether the employer took reasonable steps to protect Wong against the harassment by its customers. This ruling highlights the responsibility of employers to provide harassment-free workplaces, regardless of the source.
Employer’s Obligation to Maintain a Harassment-Free Work Environment
Under both federal and state laws, employers are obligated to maintain a harassment-free work environment. This means that employers must take reasonable measures to prevent, identify, and address harassment in the workplace. Employers must also provide training and education to employees regarding what constitutes harassment and how to report it.
Employer’s Liability for Third-Party Harassment
Employers are potentially liable for the harassing behavior of customers, clients, or other third parties if they know about possible harassment and fail to promptly and properly put a stop to it. The Wong case illustrates this point. The court ruled that the casino could be held liable for failing to protect Mr. Wong from harassment by its customers.
Importance of Clear Policies and Communication
To effectively prevent and address harassment in the workplace, employers must have clear policies and procedures in place. Make sure your employees know that harassing conduct—from any source—in the workplace won’t be tolerated. Additionally, communication is key. Employers should regularly communicate with employees about their rights, the employer’s obligations, and how to report any harassment they may experience.
Encouraging Employees to Report Harassment
It is essential that employees feel comfortable reporting any potential instances of harassment to their supervisors or human resources department. Employers should encourage employees to bring harassment concerns to their attention immediately, including situations involving a patron or business partner. Employers must take employee complaints seriously, investigate them promptly, and thoroughly.
Third-Party Harassment Must Be Addressed Similarly to Harassment by Coworkers or Supervisors
Harassment issues involving third parties must be addressed by employers in the same fashion as complaints of harassment by coworkers or supervisors. Employers who fail to take appropriate action in response to harassment claims may be held liable and face legal and financial consequences.
Wong’s experience with harassment at the Illinois Casino
Wong pointed out that the harassment “continued to escalate in severity” until the protective stanchions were finally put in place around the beer tubs. She also criticized the casino’s failure to effectively enforce the one-year ban of the customer who kissed her. Wong’s experience underscores the importance of employers taking harassment claims seriously and addressing them promptly and thoroughly.
Employers have both a legal and moral obligation to address any instances of harassment in the workplace, whether they are perpetrated by coworkers, supervisors, or third parties. The Wong case highlights the crucial role of employers in taking proactive measures to prevent and address harassment. This includes implementing clear policies and procedures, providing training and education to employees, encouraging them to report any harassment they may experience, and taking swift and appropriate action in response to harassment claims.