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31 Tex. Tech L. Rev. 807 (2000)
Sexual Harassment of Employees by Customers and Other Third Parties: American and British Views

handle is hein.journals/text31 and id is 827 raw text is: SEXUAL HARASSMENT OF EMPLOYEES BY CUSTOMERS AND OTHER THIRD PARTIES: AMERICAN AND BRITISH VIEWS by Joseph M Kelly* and Adele Sinclair 1. INTRODUCTION ........................................ 809 II. UNITED STATES ....................................... 810 A. Sources and Expansion of Sexual Harassment Law in the United States ................................ 810 1. Diversity of Law Among Jurisdictions in the United States ....................................... 810 2. Expanding the Scope of Sexual Harassment to Actions of Third-Party Nonemployees ............. 811 B. United States Cases Involving Employer Liability for Sexual Harassment Initiated by Third-Party Nonemployees ...... 813 1. Cases in Which an Employer Requires Employees to Perform in a Sexually Explicit Manner Toward Third Parties ...................................814 2. Harassment by Third Parties in Low-Risk Work Environments ................................. 818 3. Harassment by Third Parties in High-Risk Work Environments ................................. 823 a. Sexual Harassment at the Hooters Restaurant C hain ................................... 824 b. Sexual Harassment at Casinos ................ 825 c. Third-Party Harassment in Jails .............. 828 4. Third-Party Harassment Outside of the Workplace ... 830 5. How Far Will United States Courts Go? ............ 830 C. Employer Liability for Third-Party Harassment Involving Independent Contractors ............................ 831 1. Employer Li'ibility for Sexual Harassment by Independent Contractors ........................ 831 2. Employer Liability for Third-Party Harassment Directed Toward an Independent Contractor ........ 833 * Professor, SUNY College, Buffalo, New York; J.D., Northern Illinois University; Ph.D., Loyola University; M.A., University of Detroit; B.A., Villanova University. Co-Editor of GAMING LAW REVIEW. The author wishes to thank the following for assistance in this article, but is responsible for all errors and omissions: Jason Davern. ** Adele Sinclair (LLB (Hons), Barrister) is a Principal Lecturer in Law at the University of Portsmouth Business School and Course Director of their Postgraduate Business Law Programmes. The author wishes to thank the following for research support, but is responsible for all errors and omissions: Sandra Cahill and Trish Watkinson.