What if a Customer Commits Sexual Harassment of an Employee?

Sexual harassment at work does not always come from a supervisor, manager, or co-worker. In some cases, the harasser is a customer, client, patient, vendor, or other third party who interacts with employees as part of the job. Federal and Florida workplace harassment laws may require the employer to investigate, intervene, and take steps that stop the misconduct from continuing. Here, you will find an overview of the law for sexual harassment committed by a customer in Florida.

Employers Can Be Liable for Customer Sexual Harassment 

First and foremost, it is important to emphasize that an employer in Florida cannot ignore sexual harassment simply because the harasser is a customer, client, patient, vendor, or other type of non-employee. Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act both prohibit sex-based harassment in covered workplaces. Customer harassment can violate these laws when the conduct is severe or pervasive enough to create a hostile work environment. The legal standard is different from a supervisor harassment case. A customer does not act as the employer’s agent in the same way a manager or supervisor may. Still, an employer can face liability if it knew or should have known about the customer’s harassment and failed to take prompt, reasonable corrective action. In other words, the key issue is often notice and response. Questions include:

• Did the employee report the conduct?
• Did managers observe it?
• Did prior complaints show a pattern?
• Did the employer have enough information to intervene before the problem continued?
• Did the employer take corrective action to protect the employee?

Employers Must Take Practical Steps to Stop the Misconduct 

Employers should treat third-party harassment complaints with the same seriousness as internal harassment complaints. In other words, a prompt, proactive investigation matters. The employer should document the report, interview relevant witnesses, review available records, and determine what happened. Customer-facing workplaces should not rely on the idea that “the customer is always right” when an employee reports sexual comments, touching, stalking, threats, or repeated unwanted attention. What exactly constitutes the appropriate corrective action depends on the circumstances.

Workplace Sexual Harassment By a Customer Should Be Reported Right Away

Employees who experience customer sexual harassment should report it through the employer’s complaint procedure as soon as possible. A written report helps establish notice. The report should identify the customer, describe what happened, list dates and locations, and name any witnesses. Text messages, emails, voicemails, security footage, customer records, screenshots, schedules, and prior complaints may all become important evidence. If you are an employee who was subject to sexual harassment in the workplace by a client/customer, an experienced Florida lawyer can help. 

Get Help From a Florida Workplace Sexual Harassment Lawyer Today

Sexual harassment in the workplace is a serious matter. An employer could potentially bear liability for sexual harassment committed by a customer/client. If you have any questions or concerns about a specific matter, an experienced Florida employment lawyer can help.