Insights

Sexual Harassment by Clients and Customers: Your Employer's Duty to Protect You

Some of the most persistent workplace sexual harassment does not come from anyone on the payroll. It comes from the people the business depends on: clients, customers, patients, guests, tenants, and vendors. Workers in these situations are often told, directly or by implication, that tolerating it is part of the job.

It is not. An employer can be legally responsible for harassment by a non-employee.

The Legal Standard

Liability for third-party harassment follows the same negligence framework that applies to co-worker harassment. An employer is responsible where it knew or should have known of the conduct and failed to take prompt and appropriate corrective action within its control.

Employers sometimes argue they cannot control a customer. That misstates the obligation. The duty is not to control the harasser, it is to protect the employee, and an employer nearly always has options available to do that.

Where This Happens Most

Hospitality — hotel staff, housekeepers, restaurant servers, and bar staff harassed by guests and patrons
Healthcare — nurses, aides, and technicians harassed by patients or their families
Retail and personal services — where tips or commission create pressure to tolerate the behaviour
Finance, real estate, and professional services — where a valuable client is treated as untouchable
Home health and in-home services — where staff work alone on private premises

What an Employer Can and Should Do

Remove the individual from the premises or decline further business
Reassign the account or route without cutting the employee’s pay or opportunities
Require that meetings occur in public areas or with a second staff member present
Provide security escorts, panic buttons, or two-person minimums
Report criminal conduct to law enforcement where appropriate

What does not satisfy the obligation is placing the burden on the employee to avoid the harasser, or telling them to handle it because of who the client is.

Industry-Specific Protections

Some jurisdictions have gone further than general anti-discrimination law. New York City requires panic buttons for hotel workers, and various state provisions address safety for healthcare and home care workers. Where such a requirement applies and has been ignored, that failure can supply additional grounds for liability.

Why These Cases Turn on Prior Notice

Third-party harassment claims are usually won or lost on what the employer already knew. Discovery in these cases focuses on complaint logs, incident reports, prior bans, security records, and internal messages about the same customer. A business that had heard about this guest, patient, or client before and did nothing is in a very different position from one hearing it for the first time.

Watch for Retaliation Dressed as Scheduling

Retaliation in these cases rarely looks like a firing. It looks like fewer shifts, worse sections, lost accounts, reduced tips, or being labelled difficult with customers. Track any change in your schedule, assignments, or earnings that follows a complaint, because the timing is frequently the strongest evidence available.

Conclusion

An employer that profits from a customer relationship also carries the responsibility to keep its employees safe within it. Revenue is not a defense. If you reported harassment by a client or customer and your employer left you exposed, or quietly penalised you for raising it, you may have a claim.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent workers subjected to sexual harassment across New York, New Jersey, and Florida. To discuss your situation confidentially, call us at (212) 516-1868 or contact us here. We represent employees on a contingency fee basis with free consultations.

BACK TO BLOG

News

Insights

Civil Sex Assault Claims

Sex Assault in the Workplace