Illinois Casino Case Highlights Importance of Employers Guarding Against Third-Party Harassment

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.

Explore more

Keep Your Business Central Implementation on Budget

Embarking on a new Enterprise Resource Planning (ERP) implementation is one of the most significant technological investments a business can make, yet nearly half of these projects ultimately exceed their initial budget. An implementation of a powerful system like Microsoft Dynamics 365 Business Central is intended to be a strategic asset, driving efficiency and growth for years to come. However,

Why Your ERP Needs an Architect From Day One?

The landscape of enterprise resource planning is littered with stories of ambitious projects that spiral out of control, exceeding budgets and timelines while failing to deliver on their initial promise. For years, the blame has been cast on complex software, shifting business requirements, or inadequate training. However, a deeper analysis suggests the problem often begins long before the first line

Business Central Data Quality – Review

Microsoft Dynamics 365 Business Central represents a significant advancement in the Enterprise Resource Planning sector for small and mid-sized businesses, yet its implementation success is frequently undermined by a pervasive, often-ignored factor. This review explores the evolution of data management challenges within this ecosystem, the subsequent failure of traditional data migration tools, and the emergence of a specialized data quality

Enterprise Document Management – Review

In an era where the volume of corporate data is expanding at an unprecedented rate, the unstructured chaos of digital documents, contracts, and internal communications presents one of the most significant yet underestimated threats to organizational efficiency and security. The Enterprise Document Management (DMS) system has emerged as the definitive solution, evolving far beyond a simple digital archive into a

Will Taskforce Reforms Tame Soaring Insurance Costs?

Amid persistent public concern over the escalating cost of motor insurance, a government-led taskforce has delivered its final report, presenting a comprehensive action plan aimed at stabilizing and ultimately reducing premiums for motorists. The Motor Insurance Taskforce, a collaboration between key government departments, regulators, and industry bodies, has outlined a strategy focused on the core drivers of claims inflation. The