The most common assumption about workplace sexual harassment is that it only happens between coworkers or supervisors. However, some may include situations that involve third parties like customers, clients, patients or vendors.
If your job requires you to interact with the public, you should not have to tolerate inappropriate behavior just because the client is paying. While a harasser may not work for your company, your employer has a legal duty to take reasonable steps to protect employees from a hostile work environment.
Employers cannot ignore third-party harassment
Federal and state employment laws recognize that sexual harassment is not limited to actions by coworkers. Employers may be held responsible if they know or should reasonably know that an employee is being harassed by a customer or client and fail to respond appropriately.
Every situation is different, but an employer cannot dismiss the behavior by saying:
- “They are an important customer.”
- “That’s just how they act.”
- “Try not to take it personally.”
- “It’s part of the job.”
If management is aware of repeated or serious misconduct and does nothing to address it, the employer may face legal consequences.
What does customer or client harassment look like?
Sexual harassment can take many forms. Some conduct is obvious, while other behavior may become unlawful because it is severe or happens repeatedly. Examples include:
- Making unwanted sexual comments or jokes.
- Asking for dates after being told no.
- Sending inappropriate text messages or social media messages.
- Touching, hugging or grabbing without permission.
- Sharing explicit photos or videos.
- Making sexual gestures or suggestive remarks.
- Repeatedly commenting on an employee’s body or appearance.
No employee should feel pressured to accept unacceptable behavior to keep a customer satisfied. If your employer ignores repeated complaints or refuses to address harassment by a customer or client, speaking with a qualified legal professional can help you with determining your next steps.