3 ways customers may sexually harass workers

On Behalf of | Nov 3, 2024 | employment law |

Workplace sexual harassment may occur under a variety of circumstances. Employees sometimes face harassment from a direct supervisor or mistreatment from a group of coworkers. Professionals who work directly with the public are also vulnerable to customer sexual harassment.

The people patronizing a business can sometimes mistreat the workers employed there. Questionable behavior can potentially cross the line and become sexual harassment. Workers experiencing customer-based sexual harassment may need to speak with management to address the matter.

What types of conduct might constitute customer sexual harassment of an employee?

Attempts at quid pro quo harassment

Most forms of quid pro quo harassment involve a supervisor or manager offering benefits for sexual favors or threatening punishment if a worker does not acquiesce to their advances. Sometimes, customers can engage in similar behavior. Those who tip workers may overtly try to leverage that financial authority to solicit sexual favors from workers or demand their contact information. Attempts to threaten or intimidate workers who rely on tips as a main source of income could constitute sexual harassment.

Inappropriate jokes and unwanted flirting

Customers can potentially create a hostile work environment, especially if they spend hours at an establishment or visit regularly. They may make crass jokes or inappropriate statements about a worker’s secondary sex characteristics. They may repeatedly make unwanted advances. If a worker expresses discomfort with attempts at flirting and customers persist, the customer’s conduct may constitute sexual harassment. Workers should not have to tolerate abusive behavior as a condition of their employment.

Unwanted physical contact

Particularly in establishments that encourage a flirty dynamic or where patrons consume alcohol, the potential for physical assault exists. Customers may engage in unwanted and offensive physical contact that makes a worker feel extremely uncomfortable or personally violated. Some customers may feel comfortable putting their hands on an employee by groping or otherwise touching them in an inappropriate, sexual manner. Workers experiencing harassment on the job should be able to secure support from the company rather than fearing punishment for reporting the issue.

In cases where companies won’t protect workers or punish them for reporting sexual harassment, a company may be partially liable for letting the harassment continue. Filing a sexual harassment lawsuit can be one of the most effective ways to change the culture of a company to be more supportive of customer-facing workers.