Sexual Harassment Involving Customers or Clients

Sexual harassment can happen in any workplace, and it can take many different forms. Some types of sexual harassment are more commonly known than others. For example, employees in South Florida often know that they may be experiencing unlawful sexual harassment when an employer requires sexual favors in exchange for keeping a job or getting a promotion, or when a co-worker will not stop making unwelcome sexual advances. However, employees are not as certain about whether they have experienced sexual harassment that is actionable when it involves customers or clients.

Our West Palm Beach employment discrimination attorneys want to be clear that unlawful sexual harassment can result from the behavior of customers or clients, and you may be able to take legal action. The following information can help to clarify the types of circumstances under which employers can be liable for sexual harassment involving customers or clients in the workplace.

Employers Can Be Liable for Sexual Harassment Involving Customers and Clients 

First, we want to be clear that unlawful sexual harassment does not have to involve an employer or a co-worker as the person perpetrating the harassment. When a customer or a client engages in behavior that rises to the level of unlawful sexual harassment, an employer could be liable.

The US Equal Employment Opportunity Commission (EEOC) explains that sexual harassment is a form of unlawful sex discrimination, and it is “unlawful to harass a person…because of that person’s sex.” The EEOC clarifies that “harassment can include ‘sexual harassment’ or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Further, the EEOC says, sexual harassment can even involve behavior that is not of a sexual nature when it includes “offensive remarks about a person’s sexual,” such as “offensive comments about women in general.” Employers have a duty to protect employees from sexual harassment in the workplace, including sexual harassment perpetrated by customers and clients if it rises to the level of creating a “hostile work environment.”

Quid Pro Quo Versus Hostile Work Environment Harassment 

Generally speaking, there are two types of unlawful sexual harassment in Florida workplaces under Title VII of the Civil Rights Act of 1964 and under the Florida Civil Rights Act (FCRA). The first is quid pro quo harassment, where an employer (or boss or supervisor or manager) requires sexual favors in exchange for continued employment or offers benefits in exchange for sexual favors. This type of harassment is “this for that” sexual harassment, and the perpetrator must be in a supervisory position.

The other type of unlawful sexual harassment is “hostile work environment” harassment. If anyone’s behavior — including non-employees like customers or clients — is “so frequent or severe that it creates a hostile or offensive work environment,” then the employer has a duty to take action in response to it. If the employer does not take steps to address the harassment, then the employer could be liable for harm.

Contact Our Palm Beach Gardens Sexual Harassment Lawyers 

Nobody should ever have to deal with sexual harassment in the workplace. If you have been sexually harassed by a customer or a client of your employer, it is essential for you to know that this behavior may be unlawful and you could be eligible to take legal action. One of the experienced Palm Beach Gardens sexual harassment attorneys at Sconzo Law Office can talk with you today to learn the details of your case and to provide you with more information about your options.

Sources:

eeoc.gov/sexual-harassment

eeoc.gov/laws/guidance/fact-sheet-sexual-harassment-discrimination