Navigating Workplace Harassment Involving Non-Employees: Information for Employers and Employees

In today’s workplace environment, interactions between employees and non-employees such as contractors, vendors, consultants, and temporary workers are common. It is important for employers and employees to understand their respective rights and responsibilities concerning harassment or discrimination involving non-employees under New York State’s Human Rights Law (NYSDHRL).

For Employers: Your Responsibilities and Required Actions

As an employer, your obligation to maintain a harassment-free workplace extends beyond your direct employees. Individuals such as independent contractors, subcontractors, temporary workers, “gig” workers, and even those providing occasional services (i.e., equipment repair, cleaning services), whether on-site or remote, are protected from harassment and discrimination at your workplace. Employer obligations even include visitors to the workplace, such as package or supply delivery persons.

Scenarios Employers and Employees Should Recognize:

Contracted Maintenance Worker: Employers must address harassment reports involving workers contracted for office cleaning or similar services.
Third-party Employees: Even if harassment comes from someone employed by another company (i.e., building management), both your employer and the workplace business have a responsibility to act.
Independent Contractors: Contractors experiencing harassment from the individuals overseeing their work are protected and encouraged to report the misconduct directly to the supervising business or file a complaint with NYS DHR.

Key points employers should remember:

Comprehensive Coverage: Protection extends to all individuals performing services at your business location.
Required Action: If harassment occurs, employers must investigate and take appropriate corrective measures, such as addressing the issue directly, contacting the harasser’s employer, or, if necessary, terminating contracts.
Visibility of Policies: Employers should actively share and post their sexual harassment prevention policies for all persons providing services at their workplace.

For Employees and Non-Employees: Know Your Rights and How to Respond

Whether you are an employee, contractor, or temporary worker, New York State law protects you from harassment and discrimination at any location for which you perform your services. You are entitled to a workplace free of harassment, even when harassment originates from someone who is not directly employed by your organization.

Here is what you can do if faced with harassment:

Immediate Reporting: Notify both your direct employer and the business operating at your worksite.
Seek Additional Help: If you believe your concerns are not being addressed adequately, file a complaint directly with the New York State Division of Human Rights (NYS DHR).
Awareness: Recognize that protection applies even if your work is largely off-site but involves occasional visits to an employer’s location.

Why This Matters:

For businesses, understanding these obligations reduces legal risk, safeguards reputations, and fosters a respectful and productive working environment. For individuals, knowing your rights empowers you to maintain personal dignity, professional integrity, and financial security.

Navigating workplace disputes involving non-employees can be challenging, but awareness and proactive measures are your strongest protections. If you have concerns about harassment involving non-employees in your workplace or seek guidance to ensure compliance, our litigation experts are here to help. We focus our litigation practice on protecting assets, reputations, and rights in complex business, employment, matrimonial, and trust and estate disputes.

When your professional relationships and assets are on the line, clarity and strategic advice matter most. We are here to guide you every step of the way.

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This blog post is for informational purposes only and does not constitute legal advice. For specific legal counsel, please contact our office directly.