Sexual Harassment in the Workplace from Customers or Clients

 Posted on January 24, 2025 in Sexual Harassment

Most of us are more familiar with sexual harassment in the workplace coming from a co-worker or a boss. In many instances, sexual harassment in the workplace is from clients or customers of the business. This is more common among those in the hospitality industry, but it can also occur in many other industries.

A salesperson could be sexually harassed by a client, a grocery store cashier could be inappropriately touched by a customer, or a nurse could have a patient who constantly makes sexually inappropriate jokes. Sexual harassment by customers, clients, and patients occurs more often than most people would think.

Those who suffer the sexual harassment may be unsure whether their employer can be held liable in these instances. If you have been sexually harassed by a client, customer, or patient, it is important that you speak to an experienced Wheaton, IL sexual harassment lawyer as soon as possible after the incident.  

What is Third-Party Sexual Harassment?

Third-party sexual harassment is just another name for sexual harassment from someone besides an employer or coworker. It can be in the form of inappropriate comments, gestures, overt sexual touching, propositions, or repeatedly asking for a date despite being turned down. Employees who routinely deal with customers or clients may feel pressured to maintain courtesy even in the face of clearly inappropriate behavior. However, sexual harassment in the workplace is never okay, regardless of the circumstances.

Sexual Harassment is Illegal in Illinois, Even When It Comes From Customers or Clients

As with sexual harassment that comes from co-workers or bosses, a victim of third-party sexual harassment must show that the sexual conduct was unwelcome and that it was severe or pervasive enough that it created a hostile work environment. A victim of sexual harassment must show that his or her employer knew – or should have known – that the sexual harassment was occurring and failed to take appropriate actions to stop the harassment.

This means that a person who is sexually harassed by a client or customer must notify his or her employer, giving the employer the opportunity to address the issue with the customer or client. The employer will likely investigate the claim and should, at the very least, ask the customer or client to stop the behavior. In other words, employers must be given the opportunity to fix the problem before the employer can be held liable.

It can be more difficult to obtain evidence of sexual harassment when the harasser is a client or customer. Managers or bosses may not want to confront a customer or client in the same way they might speak to another employee. That being said, retaliation by an employer is illegal after an employee tells the manager sexual harassment is occurring.  

Contact a DuPage County, IL Sexual Harassment Lawyer

If you are the victim of sexual harassment in the workplace, you need a strong legal advocate who can explain your rights and clearly lay out your options. A Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can ensure your rights and your future are properly safeguarded. MKFM Law has the experience and skills necessary to protect those who have been sexually harassed. Call 630-665-7300 to schedule an initial attorney meeting to discuss your issue.