Empowering Nevada’s Third-Party Sexual Harassment Victims to Find Justice
Las Vegas is known for its vibrant entertainment and hospitality industry. However, in recent years, it’s become an epicenter for sexual harassment lawsuits in Nevada, with hundreds of incidents reported annually.
Harassment in the workplace or at a third-party facility can make it difficult for a victim to perform their duties effectively. From sexual advances to physical assault, employees are more vulnerable than ever before, especially when not working in the controlled confines of their workplace or dealing with non-co-workers – customers, clients, vendors, etc.
The Bourassa Law Group and their sexual harassment lawyers recognizes this growing problem and strives to help harassment victims get justice and compensation for sexual harassment by holding their employer liable for inaction to address complaints. Our sexual harassment attorneys Nevada are well-versed in state laws and have litigated hundreds of third-party harassment cases in Las Vegas and other cities.
So, whether you’re a mailman, delivery driver, or front-desk receptionist, you can leverage our legal expertise and resources to secure maximum compensation for economic and non-economic damages caused by third-party sexual harassment.
Contact our team of sexual harassment lawyers immediately for a free consultation at 800-870-8910 to discuss your case.
Las Vegas, Nevada – The Sexual Harassment Capital of the World?
Describing Nevada as the sexual harassment capital may be a provocative assertion. However, the recent influx of harassment lawsuits is a pressing concern among workers and employers. Below are some of the key factors driving this worrying claim:
1. Thriving Tourism & Hospitality Industry
Nevada, particularly Las Vegas, is one of the most popular tourist destinations worldwide, offering many casinos, nightclubs, high-end restaurants, and other recreational or entertainment facilities. In such high-traffic establishments, the more frequent interactions between employees and customers can increase the potential for third party sexual harassment.
2. Service-Oriented Economy
Nevada relies heavily on the hospitality industry for growth. Hence, the majority of the workforce is employed in service roles, including waitstaff, bartenders, dealers, hotel staff, and delivery drivers. These employees are highly susceptible to harassment, especially when dealing with tourists and customers enchanted by the allure of Sin City.
3. Culture of Silence
Like many states, Nevada has long embraced the culture of silence with things like “what happens in here stays here”, with employees hesitating to jeopardize their livelihoods by taking action against sexual harassment. Hence, factors like employer retaliation and financial security play a significant role in the rise of harassment and assault cases in professional settings.
4. Alcohol & Nightlife
Nevada is known for its vibrant nightlife, with hundreds of bars and nightclubs. These social hotspots create the perfect environment for intoxicated individuals to harass and assault bartenders, servers, and other employees.
5. Diverse Population
Nevada’s population is incredibly diverse, with residents and tourists from various walks of life and backgrounds. Hence, differences in cultural norms, social expectations, and languages increase the risk of conflicts, miscommunication, and sexual harassment
Recent High-Profile Third-Party Sexual Harassment Lawsuits in Nevada and Other States
1. EEOC Sues Four Restaurants in Las Vegas and Southern Nevada
In August 2023, the EEOC shared a press release informing the public of four lawsuits filed against popular restaurants in Las Vegas and Southern Nevada – Nevada Restaurant Services Inc, Bouchon, Mariscos El Puerto, and La Catrina. The allegations involve inappropriate touching, stalking, and even attempted rape of housekeepers and waitstaff. Mariscos El Puerto and La Catrina have been sued separately for harassment against LGBTQ+ employees with allegations of verbal abuse and assault.
2. Robert DeNiro’s Nobu Malibu Gets Served by Hostess with a Third-Party Harassment Lawsuit
On September 14, 2023, a 23-year-old hostess at Robert DeNiro’s Nobu Malibu restaurant in California sued her employer for third-party sexual harassment. The employee, Jane Doe, claims that Nobu has frequently exposed her and her colleagues to harassment from customers and managers in the form of unwanted advances, forceful kissing, and assault. The alleged victim is seeking $500,000 in damages for gender-based harassment, retaliation, and Nobu’s failure to prevent discrimination.
3. EEOC Secures $750,000 Settlement for Sexual Harassment Victims at Hyde Nightclub at the Bellagio, Las Vegas
In 2014, female employees working at the Hyde Nightclub in the Bellagio filed a sexual harassment lawsuit against the club operator. The lawsuit also extended to workers at the Hyde Lounge in the T-Mobile Arena. The defendants agreed to a $1 million settlement, with victims receiving a share of $750,000, depending on their circumstances and information.
4. Wynn Resort Sued by Female Salon Workers for Inaction Against Sexual Harassment Complaints
On September 8, 2023, Wynn Resorts, a popular operator of casinos and hotels in Paradise, Nevada, resolved a third-party sexual harassment lawsuit filed in 2019 against former CEO Steve Wynn. The nine plaintiffs involved in the case were manicurists and makeup artists working at the resort, each with their harassment allegations, from assault to verbal abuse and unwelcome conduct. Steve resigned from his corporate roles in 2021 following the allegations. While the settlement amount remains confidential, Wynn Resorts has paid over $50 million in fines and damages in recent years in other lawsuits.
Understanding Third-Party Harassment Cases
Third-party sexual harassment occurs when an employee is sexually harassed outside their primary workplace or by someone who is not an employee of the organization. In most cases, this specialized form of harassment is perpetrated by clients, vendors, or customers visiting a business facility.
However, incidents can also occur outside the workplace. For instance, a delivery driver could get harassed by a customer at their residence. Similarly, employees at a third-party facility could make sexual advances toward an outdoor salesperson.
Third Parties Who Might Engage in Sexual Harassment
Below is a long list of third parties who might engage in sexual harassment or other inappropriate behavior:
- Vendors and suppliers
- Contract workers
- Talent or casting directors
- Financial representatives – advisors, accountants, auditors, etc.
- Event attendees
- Real estate agents, property managers, and landlords
- Audience members
- Travelers and hotel guests
- Union representatives, etc.
Elements of Third-Party Sexual Harassment Claims
For a third-party sexual harassment case to be legally actionable, you must consider the following elements. We recommend speaking to a licensed employment lawyer Nevada specializing in third-party harassment for more due diligence before proceeding with legal action:
1. Unwelcome Conduct
Unwelcome conduct refers to any uninvited or nonconsensual actions and behaviors, including (but not limited to):
- Unwanted advances
- Sexual comments
- Physical contact
- Invasive personal questions
- Stalking or following
- Physical harm
- Sabotaging or undermining
- Unwanted gifts or notes, etc.
Victims must establish a case of sexual harassment. Unwelcome conduct is subject to cultural contexts, individual perceptions, and other factors. Hence, you should report such incidents to your manager or employer and preserve any physical or electronic evidence.
2. Types of Sexual Harassment
Third-party sexual harassment can take multiple forms, mainly:
- Quid Pro Quo Harassment
Quid pro quo sexual harassment occurs when a vendor, customer, or other third party offers benefits or opportunities to submit victims to unwelcome sexual advances. Harassers may implicitly or explicitly suggest that your compliance with their advances is mandatory to reap those benefits. For example, a client might demand sexual favors from a salesperson or employee to secure a sale. Quid pro quo harassment typically occurs in environments where power dynamics significantly influence career prospects.
- Hostile Work Environment Harassment
Hostile work environment harassment arises when clients, vendors, or other third parties create an offensive, intimidating, and hostile workplace. Although the actions and behaviors don’t involve sexual demands or exchanges, they generally create an unsafe or uncomfortable environment for employees, regardless of their role. Extreme cases could make them vulnerable to inappropriate touching, catcalling, or physical retaliation (assault, violence, etc.).
- Gender or Sexual Orientation-Based Third-Party Harassment
Gender or sexual orientation-based third-party harassment occurs when non-co-workers make inappropriate comments or engage in unwelcome conduct based on the victim’s sex or gender identity. For instance, a customer could make an inappropriate joke regarding employees based on what they identify as. Similarly, a trucking vendor could make fun of female truck drivers due to their false or outdated perception of industry roles.
3. Severe or Pervasive Conduct
To file a third-party sexual harassment lawsuit in Nevada, the victim must prove the incident was pervasive and severe enough to constitute legal action. For example, if a customer asks a bartender for a date, it may not qualify as sexual harassment. However, if they start stalking the bartender or engaging in forceful communication, that might qualify as third-party sexual harassment. “Severe” and “Pervasive” are two essential legal terms in quantifying and assessing the seriousness of a harassment incident:
- Severe – Severe harassment is when a third party engages in extremely unacceptable acts, including sexual assault or rape. Even a single incident can prompt legal action.
- Pervasive – Pervasive third-party sexual harassment occurs when the harasser repeatedly engages in non-severe unwelcome conduct, including excessive fondling, inappropriate touching, stalking, and explicit discussions.
These three elements are crucial for determining harassment. Understanding these categories and examples can help you address third-party sexual harassment and get justice and compensation for economic and non-economic damages.
To determine if you qualify for filing a sexual harassment lawsuit against your employer or third party, contact an experienced employment attorney Nevada lawyer at 800-870-8910 now!
Understanding Employer Obligations and Liability in Third-Party Sexual Harassment
Employers failing to address and prevent third-party sexual harassment may be liable for damages even though they’re not the harasser. Under the laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), employers are responsible for maintaining a safe workplace and addressing or preventing employment discrimination.
In other words, if you complain about sexual harassment by a client, customer, patient, or vendor, your employer must investigate the incident and take appropriate action to deter and stop harassment, including (but not limited to):
- Asking the harasser to stop misbehaving and terminate the relationship if they refuse.
- Involving security and the police in severe harassment cases.
- Allowing victims to stop interacting with the harasser if they’re uncomfortable.
- Implementing safety measures, including CCTV cameras, panic buttons, and best practices for dealing with harassers.
As an employee, you can file complaints with the EEOC directly or through your employer. The EEOC will investigate the matter and prompt your employer to cooperate and provide relevant information related to the incident.
How Long Do I Have to File a Third-Party Sexual Harassment Claim in Nevada?
The statute of limitations in Nevada for filing third-party sexual harassment lawsuits depends on various factors, including the claim type and circumstances. If you’re filing a claim under federal laws, such as Title VII of the Civil Rights Act of 1964, you have 180 days to file your complaint with the EEOC.
Nevada has an independent anti-discrimination agency called the Nevada Equal Rights Commission (NERC). It allows you to file a complaint or claim within 300 days from the incident date. However, there may be exceptions and circumstances influencing a victim’s ability to meet the deadlines, including injury or trauma recovery.
The Bourassa Law Group can help you take prompt and effective action. We understand your need to recover from trauma and possible injuries. Therefore, our sexual harassment attorneys strive to provide compassionate support while building your case to get you the justice you deserve.
Recoverable Damages in Sexual Harassment Lawsuits in Nevada
Filing and winning a third-party sexual harassment lawsuit in Nevada can recover the following economic and non-economic damages:
- Lost Wages – Sexual harassment victims can lose wages due to many reasons, including missed work days following the incident, termination, demotion, reduced working hours, etc.
- Future Earnings – Victims can incur long-term trauma, hindering their ability to earn a living. Hence, they may be entitled to future lost earnings.
- Medical Expenses – Extreme sexual harassment cases can result in injuries, therapy, and medical distress, forcing victims to incur unnecessary medical bills. By filing a third-party harassment lawsuit in Nevada, you can recover these expenses.
- Out-of-Pocket Expenses – Third-party harassment victims can recover financial losses, including (but not limited to) new job searches, personal protection expenses, and relocation to a new city or state.
- Pain and Suffering – Sexual harassment can cause emotional distress, anxiety, depression, and other psychological issues, resulting in behavioral changes and inability to work. A third-party harassment lawsuit Nevada can compensate you for the mental anguish you suffer.
- Loss of Enjoyment – Harassment incidents can lead to loss of enjoyment, impacting your personal life, relationships, and hobbies. Hence, victims can recover damages for negative lifestyle and behavioral changes.
- Reputation Losses – You may be entitled to compensation for reputational damages caused by sexual harassment.
- Punitive Damages – Like many states, Nevada permits punitive damages for extreme harassment cases to punish the defendant for malicious conduct and use their example to alert others. However, victims may not be rewarded with punitive damages.
How Can I File a Third-Party Sexual Harassment Lawsuit in Nevada?
Are you seeking legal action against your employer due to their inaction after getting harassed by a third party at work? Here’s how to file a sexual harassment lawsuit in Nevada:
1. Consult with a Nevada Sexual Harassment Attorney
The last thing you want to do as a victim of sexual harassment is take on your employer or a third party without professional intervention from an experienced employment attorney Las Vegas, NV. In other words, you must begin your quest for justice and compensation by seeking legal counsel from a lawyer specializing in third-party sexual harassment cases. They will evaluate your case, assess its viability, and plan the litigation process.
2. Gather Evidence of the Sexual Harassment
Following the consultation, your attorney will collect evidence to support your claims, including (but not limited to):
- Witness and victim testimonies
- Communication records – texts, emails, social media messages, calls, etc.
- Surveillance footage
- Medical records – Injuries, therapy sessions, medication prescriptions, etc.
- Workplace policies
- Prior complaints
- Expert witnesses – Psychologists, HR professionals, etc.
- Employer’s Response, etc.
3. File a Complaint with the EEOC or NERC
Your attorney will draft an official complaint against your employer for their inaction in addressing or preventing third-party sexual harassment. These bodies will investigate the matter and prompt your employer to make necessary changes to deter and prevent future issues.
4. File a Third-Party Sexual Harassment Lawsuit
If the issue isn’t resolved or results in retaliation, your attorney will send a legal notice to potential defendants, including your employer and the third party (customer, client, vendor, etc.). The defendants must respond within 30 days to admit, deny, or attempt to dismiss the allegations.
5. Discovery, Negotiations, and Settlement
During discovery, both parties will exchange evidence, relevant documents, and witness testimonies. Your attorney will present your demands and negotiate a settlement. If the negotiations are successful, the case will close without trial.
6. Trial and Verdict
If negotiations don’t end with a settlement, your case will head to a trial, where both the plaintiff’s and defendant’s attorneys will present arguments and witnesses before a judge or jury. The court verdict will decide the winner. If you’re successful, you’ll receive compensation for damages as per your lawsuit.
Employee Retaliation Following Third-Party Harassment Complaints & Lawsuits
An employer may retaliate against victims for reporting third-party sexual harassment, depending on their relationship with the harasser. For example, they could be a major vendor or big client of the company or business. In extreme cases, employers might punish victims instead of taking action against the harasser through demotion, more work, or wrongful termination.
If you’ve been a victim of employer retaliation after third-party harassment complaints, speak to one of our Las Vegas employment attorneys to file a retaliation or wrongful termination claim. Call 800-870-8910 for a free consultation now.
Why Choose the Bourassa Law Groups Sexual Harassment Attorneys Nevada?
Choosing the right legal representation can make or break your third-party sexual harassment case in Las Vegas or surrounding Nevada cities. At the Bourassa Law Group, we possess the expertise and resources to build a winning case and get you the compensation you deserve for your employer’s inaction to address sexual harassment complaints.
Here’s why you should choose our Nevada sexual harassment lawyers for your case:
✔ Proven Expertise
Our sexual harassment litigation team has decades of collective experience in Nevada. We’ve handled many complex third-party harassment cases in Las Vegas and other cities in the state. Hence, you can rest assured we have proven expertise. So, regardless of the unwelcome conduct or type of harassment, we can help.
✔ Free Initial Consultation & Case Evaluation
Money should be the least of your concerns when confronting your harasser or employer and holding them accountable. With our free initial consultation, you can quickly understand the legal intricacies of your case and make more informed decisions. Our experts can provide the knowledge and compassionate support you need to prepare for negotiations or court.
✔ Contingency-Based Service Fee
Most sexual harassment cases involve minimum-wage or low-income individuals who experience unwelcome conduct and fail to take action due to financial constraints. We believe money shouldn’t stop you from seeking justice and compensation. Hence, our services are contingency-based, meaning you don’t have to pay us unless we win your third-party harassment case.
Contact Us for a Free Wrongful Death Case Evaluation Today!
Filing a third-party sexual harassment lawsuit in Las Vegas or any other Nevada city requires proactive planning, due diligence, and extensive preparation. The highly skilled Nevada employment attorneys at the Bourassa Law Group will help you at every step of your case, from gathering evidence to filing a claim in a local or federal court and navigating the litigation process.
We strive to ensure victims get justice and fair compensation for trauma, injuries, and emotional distress following third-party sexual harassment incidents. So, contact us for a free case evaluation and expert guidance to build a winning case.
DO YOU FEEL YOU WERE SEXUALLY HARASSED BY SOMEONE IN NEVADA?
Experiencing sexual harassment can be distressing and may have a lasting impact on your well-being. If you’ve faced such misconduct in Nevada, know you’re not alone. BLG is dedicated to providing a safe space for you and fighting for the justice you deserve.
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