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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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. 


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