Q. I work at a Senior Community as a resident assistant. Our community has "neighborhood days," when we allow senior citizens in the neighborhood to visit the residents. "Charles" frequently visits, and he often yells derogatory comments about Asians at me and has even pushed and tripped me on a few occasions. I'm a Filipino American. I have reported the conduct to a manager, she told me that she cannot take any action against Charles because he is not a resident. On subsequent visits, Charles continues to yell ethnic slurs at me, and I filed an EEOC charge. My employer continues to allow Charles to harass me. Can my boss really do that?
A. No. According to the EEOC, under these circumstances, the employer would be liable for the actions of Charles, a non-employee, because it had the power to control Charles's access to the premises, was aware of Charles's offensive conduct, and did not take corrective action.
It would still be up to you to prove that the conduct was severe or pervasive and that you have suffered damages as a result. It is often difficult to quantify monetary damages for hostile work environment, but the law does allow recovery for emotional distress and punitive damages if you can prove them.
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