Will I be liable if my third party contractor is sued for sexual harassment?

UPDATED: Sep 30, 2022

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Will I be liable if my third party contractor is sued for sexual harassment?

California law AB 1897 makes a client employer jointly liable for the failure of
a labor contractor to pay wages or secure workers compensation coverage. If my
labor contractor is sued by his employee for sexual harassment, will I as the
client employer be held liable?

Asked on April 15, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you will not be liable if your third-party contractor is sued for sexual harassment: you do not have the power to supervise the employees of the third-party contractor (i.e. you have no power to investigate or take action about alleged harassment, such as disciplining, suspending, or terminating the harassing employee or supervisor) and without that authority, cannot be liable for employment-related sexual harassment. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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