Sexual harassment can occur in any workplace, and it is not limited to misconduct by supervisors or coworkers. In customer-facing roles such as retail, hospitality, healthcare, and other service industries, employees may also experience harassment from customers, clients, or patients.
California law provides strong protections for employees, and employers have a legal responsibility to safeguard their team and maintain a safe working environment.
Understanding Sexual Harassment Under California Law
Under California’s Fair Employment and Housing Act (FEHA), sexual harassment is defined as unwelcome sexual advances, comments, or conduct that create a hostile or intimidating work environment. This includes:
- Inappropriate touching or groping
- Lewd comments, gestures, or jokes
- Repeated requests for dates or sexual favors
- Displaying explicit material or photos
- Threatening or retaliatory behavior after rejection
FEHA protects employees from harassment by anyone in the workplace, including customers, clients, vendors, and other third parties. An employer can be held liable if they knew, or reasonably should have known, about the harassment and failed to take timely and appropriate steps to stop it.
California’s Requirements for Preventing Customer-Driven Harassment
California law requires employers to take all reasonable steps to prevent and correct workplace harassment. If a customer sexually harasses an employee, the employer must:
- Investigate the complaint promptly and thoroughly.
- Take corrective action, such as warning or banning the customer.
- Ensure the worker’s safety, possibly by adjusting their shifts, duties, or environment.
- Protect workers from retaliation for reporting the harassment.
If the employer fails to act or punishes them for speaking up, they could face liability for both harassment and retaliation under FEHA.
Most Common Examples of Third-Party Sexual Harassment
Customer harassment can happen in many workplaces, such as:
- A server was repeatedly touched or propositioned by a diner.
- A nurse faced sexually explicit remarks from a patient.
- A retail employee was harassed by a regular customer who refused to stop.
- A rideshare driver was subjected to lewd behavior by passengers.
In each case, the employer is expected to intervene and protect the employee once they are made aware of the conduct.
Steps to Take if a Worker is Harassed by a Customer
If a worker experiences sexual harassment from a customer, here’s what they can do:
- Document everything – Record dates, times, locations, and what was said or done.
- Report it to your supervisor or HR – Provide written details and request an investigation.
- Keep copies of your communications – Save emails or messages showing that the behavior was reported.
- Ask for protection – If the customer returns, the employer should ensure they aren’t placed in contact with them.
- Consult an employment lawyer – If the employer doesn’t respond appropriately, legal action may be necessary.
Can Workers File a Lawsuit for Harassment by a Customer?
If an employer fails to protect employees from third-party sexual harassment, the employee may file a complaint with the California Civil Rights Department, or pursue a civil lawsuit with an employment lawyer.
Working with a skilled employment attorney is essential for navigating the legal process, protecting the employee’s rights, and building a strong claim. With legal representation, employees may seek compensation for emotional distress, lost wages or benefits, retaliation or wrongful termination, and, in severe cases, punitive damages.
Contact an Experienced California Employment Attorney
If a worker has been sexually harassed by a customer, they don’t have to face it alone. A skilled employment lawyer can help them understand their options, file a claim, and hold their employer accountable for failing to protect them.
Lawyers for Justice, P.C. is a top-rated employment law firm that understands how impactful sexual harassment is on a person. With decades of experience fighting for people’s rights, the legal team will do everything in their power to hold responsible parties accountable for their actions.
Contact Lawyers for Justice, P.C. today at 818-JUSTICE or fill out our online contact form today for a free, confidential consultation to discuss the case and learn how they can help.