What should a nonprofit do when a volunteer harasses an employee?
The employee is protected regardless of the harasser’s status. Third-party harassment is still the employer’s problem.
Last updated: August 02, 2026
Direct Answer
When a volunteer harasses an employee, a Texas nonprofit must promptly investigate the complaint, take appropriate corrective action, and ensure the employee’s safety. While volunteers are not employees, harassment disrupts the workplace and can lead to liability. It’s essential to apply consistent policies and document thoroughly to manage risk and maintain trust.
Controlling authority: 29 CFR pt. 553 and DOL Fact Sheet #14A. A public-agency employee may not volunteer to perform the same services they are paid to perform.
Third-party harassment is still your obligation
Harassment by volunteers can create significant challenges for nonprofits, especially since volunteers do not fall under all employee protections by default. However, the environment still must be safe and respectful for paid staff. Addressing these issues demands clear procedures that work within your operational constraints, recognizing that volunteers often operate with less oversight and formal controls than employees.
The operational reality is that nonprofits often have limited HR capacity and multiple competing demands. Ignoring or minimizing volunteer misconduct can quickly undermine morale and lead to legal or reputational harm. A practical approach includes proactive communication, consistent enforcement of behavior standards, and leadership accountability to demonstrate that harassment will not be tolerated regardless of status.
| Test | Requirement | Where it fails |
|---|---|---|
| Motive | Civic, charitable or humanitarian reasons | Not a route to unpaid labour for work the organisation would otherwise pay for. |
| No expectation of pay | No promise, expectation or receipt of compensation | A promised bonus, stipend or “we’ll make it up to you” defeats the status. |
| Freely offered | Without coercion, direct or implied | This is where employer-organised volunteering fails. Implied pressure from a supervisor counts. |
| Not the same services — public agencies | A public-agency employee may not volunteer to perform the same type of services they are employed to perform for that agency | The single clearest rule, and the one most often broken by a well-meaning department. |
| Nominal fee | Expenses, reasonable benefits or a nominal fee are permitted | Payment must reflect sacrifice, not productivity. Per-call payment can be acceptable; per-unit output generally is not. |
| Nonprofits | Individuals may volunteer for charitable organisations without expectation of pay | But a paid employee cannot volunteer to do their own job unpaid for the same organisation. |
The volunteer’s status changes the remedy, not the duty
What many nonprofits miss is that volunteer misconduct is not a gray area exempt from consequence. Some organizations assume volunteers are untouchable or that policies apply only to employees. This gap often results in inconsistent responses, which employees notice and that ultimately erode trust in leadership’s commitment to a safe workplace.
Another common misstep is failing to document complaints and follow a clear process. This leaves nonprofits exposed if issues escalate. Documentation creates a record that supports fair treatment and can protect the organization if a grievance or legal claim arises. Without it, managers may feel uncertain and default to inaction or informal resolution that lacks accountability.
Where third-party harassment is mishandled
Failing to address volunteer harassment exposes nonprofits to multiple operational and legal risks that can disrupt mission delivery and damage workplace culture.
- Employee turnover rises due to unresolved harassment complaints.
- Increased liability from inconsistent or inadequate responses.
- Loss of trust among staff and volunteers undermines teamwork.
- Negative public or donor perceptions harm funding opportunities.
- Potential for formal grievances or legal action escalates.
Run the same intake you would for a staff complaint
Before acting, review your current volunteer policies and harassment complaint procedures to confirm they explicitly cover volunteer conduct. Check if your managers understand these policies and have guidance on managing volunteer-related complaints. Because volunteers can be less formally integrated, ensure your processes do not assume employee status but do require accountability.
Also, evaluate documentation practices. Are complaints consistently recorded? Is there a clear escalation path? Effective HR systems align policies with daily practice and help leaders make defensible decisions that hold up under scrutiny. This review reduces the risk of ad hoc handling that creates confusion and inequity.
Employee Complaint Triage Tool
Routes a complaint to the right track before intake decisions harden.
When the volunteer is influential
Seek HR expertise when your internal resources cannot confidently manage the investigation or when leadership feels pressure from conflicting interests. Experienced HR consultants can help navigate complex volunteer dynamics, ensure compliance with Texas requirements, and recommend practical steps that fit your budget and staffing realities.
Additionally, call in help if the situation escalates beyond informal resolution or if there’s a risk of legal claims. Early strategic guidance can prevent costly mistakes later and help you establish durable systems that serve both your employees and volunteers effectively.
Get Practical HR Support for Volunteer Harassment Issues
If your nonprofit is facing challenges managing volunteer harassment complaints, Faulkner HR Solutions offers strategy-backed, people-first consulting designed for Texas nonprofits. We help you build clear, compliant processes that work in real-world conditions, protecting employees and your organization.
Contact Us TodayThis page provides general HR information for employers and is not legal advice. For legal interpretation or representation, consult qualified employment counsel.