Sympathy needed for greeting card maker potentially liable for nonemployee's conduct

Regular readers of the newsletter are aware employers must ensure inappropriate conduct by a customer or vendor isn't creating a hostile work environment (see "Costco learns customer may not always be right" in the March 2016 issue of Illinois Employment Law Letter). One Illinois employer recently learned about the obligation the hard way—by being sued. As many Illinois businesses spill into the sixth month of working remotely because of the pandemic, the case is an important reminder that harassment can occur not only by nonemployees but also outside the four corners of the workplace.

Party foul

Laurie Albright worked for American Greetings Corporation (AGC), a producer of greeting cards and party supplies. She was a merchandiser responsible for managing products in retail stores, which included a grocery store. Albright claimed she was sexually harassed and assaulted by Richard Carlson, a manager of the grocery store.

Albright claimed Carlson touched her aggressively in a sexually suggestive way while she was at the grocery store. She said she reported the incident to AGC on the same day but was told she needed to return to work the next day.

The next day, Carlson allegedly sexually assaulted Albright again. She reported the second act to both AGC and the police. Carlson pleaded guilty to criminal charges arising from the sexual assault.

Albright then sued AGC and the grocery store in federal court, alleging sexual harassment under Title VII as well as other claims, including assault and battery. We focus here only on the harassment claims.

Late to the party