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Who is responsible for sexual harassment by customers?

On Behalf of | Apr 18, 2024 | Employment Law

In the workplace, the responsibility to foster a safe and respectful environment that is free of sexual harassment falls squarely on the shoulders of employers. 

While many businesses have policies in place to address internal sexual harassment between co-workers or managers and employees, there’s a pervasive issue that often goes unaddressed: sexual harassment by clients and customers.

What can your employer do about the problem?

Unfortunately, too many employers turn a “blind eye” to the shenanigans of customers or clients, particularly in the hospitality industry – although workers in any industry can potentially be affected. An office worker may be propositioned by a valuable account holder just as easily as a waitress can be fondled when she tries to take a customer’s order, and that can lead to significant emotional distress for them both.

In some cases, an employer may actually encourage the behavior. In industries where “sex sells,” managers and bosses have told employees to dress proactively or flirt with their customers, if necessary, to land accounts or keep business coming. 

In others, the employer may simply turn a “blind eye” to the issue and pretend they don’t notice. Or, at most, they may shrug off a client’s inappropriate touching or sexual comments with the attitude of, “That’s just what so-and-so is like,” and imply that the worker just has to put up with the harassment as a normal course of business.

That’s not acceptable. Ignoring or dismissing a worker’s complaints of sexual harassment by customers and clients is a violation of the law – and the employee’s rights. Your employer is not powerless in this situation. They can ban customers or clients who act inappropriately – even if they don’t relish the idea of losing their money.

If you’ve tried to address the issue of sexual harassment from customers or clients with your employer and nothing has been done, you may have other legal options. If you believe that you’ve been subjected to sexual harassment in the workplace, you should speak to an experienced law firm to help you decide your next move.

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