During business, interactions employees and customers can sometimes lead to uncomfortable or even hostile situations. While most people understand that harassment among coworkers is unacceptable, fewer may know that employees can also be harassed by customers. In extreme cases, it may become necessary to sue a customer for harassment to protect the wellbeing of employees.
Both employment discrimination or workplace discrimination is a major crime. Therefore, the employer must always take action to safeguard their employees. This applies regardless of the situation a client or customer brings forward.
Even the employment rights protect workers against such activities. Similarly, the supreme court protects all employees with the option of harassment claims. A professional doesn’t deserve harassment even if the employee failed to due their duties properly.
The cases can become more complex if the employer knew of the case but chooses not to do anything. So, let’s discuss possibility of suing a customer for harassment, the types of harassment that can occur, and the steps an employer should take in response to such incidents.
Understanding Harassment
Harassment is any unwanted behavior that creates a hostile work environment. It can include offensive comments, physical actions, or any other conduct that makes someone feel uncomfortable or threatened.
Harassment can occur based on various factors, including race, gender, sexual orientation, national origin, and more. Federal anti-discrimination laws, such as Title VII of the Civil Rights Act, protect employees from harassment in the workplace.
What Are the Different Types of Harassment by a Customer?
Harassment by a customer can take many forms, ranging from verbal abuse to physical intimidation. Understanding the different types of harassment is crucial for recognizing and addressing it effectively. Common types include:
- Verbal Harassment: This includes offensive language, threats, or inappropriate comments. It can be related to race, gender, sexual orientation, or other protected characteristics.
- Sexual Harassment: Unwanted sexual advances, inappropriate touching, or requests for sexual favors fall under this category. Sexual harassment can create a hostile work environment and is prohibited under federal law, including Title VII of the Civil Rights Act.
- Physical Harassment: Any form of physical intimidation or assault by a customer is considered harassment. This can range from aggressive gestures to actual physical attacks.
- Emotional Harassment: Repeated actions by a customer that cause severe emotional distress to an employee, such as stalking or persistent unwanted attention.
Examples of Harassment by a Customer You Should Be Aware Of
Here are some real-life examples to illustrate what harassment by a customer might look like:
- A customer frequently makes lewd comments and gestures towards a waitress, despite her clear discomfort and requests to stop.
- A customer consistently threatens violence against a store clerk over issues such as return policies or perceived poor service.
- An irate customer follows an employee to their car after work, shouting insults and making threatening remarks.
- A regular customer repeatedly asks a barista out on dates, despite being declined each time and being asked to stop.
How Should an Employer Respond to Reports of Harassment by a Customer?
Employers have a legal and ethical responsibility to protect their employees from harassment, including harassment by customers. Here are steps employers should take:
- Take All Complaints Seriously: Every complaint of harassment should be taken seriously and investigated promptly. Employees should feel safe and supported when reporting harassment.
- Implement a Clear Anti-Harassment Policy: This policy should outline what constitutes harassment, how to report it, and the steps the company will take to address it.
- Provide Training: Regular training sessions on workplace harassment and appropriate responses can empower employees to handle difficult situations and report incidents effectively.
- Offer Support: Ensure that employees have access to support services, such as counseling or legal advice, if they experience harassment.
- Take Corrective Action: When harassment is confirmed, appropriate action must be taken against the offending customer. This could include banning the customer from the premises or taking legal action.
What Should I Do if I Am Being Harassed by a Customer?
If you are being harassed by a customer, here are steps you can take to protect yourself:
- Document the Harassment: Keep a detailed record of each incident, including dates, times, locations, and descriptions of the customer’s behavior. This documentation will be crucial if you decide to take legal action.
- Report the Harassment: Notify your employer or human resources department about the harassment. Provide them with your documentation and any other evidence you have.
- Seek Legal Advice: Consult with an attorney who specializes in workplace harassment or employment law to understand your rights and options.
- Protect Yourself: If you feel unsafe, take measures to protect yourself, such as requesting a change in your work schedule or location, or involving security if necessary.
Can You Sue a Customer for Harassment?
Yes, you can sue a customer for harassment under certain circumstances. If the harassment is severe and creates a hostile work environment, and if the employer fails to take appropriate action to stop the harassment, the employee may have grounds for a lawsuit against the customer and possibly against the employer as well.
When Can You Sue a Customer for Harassment?
You can sue a customer for harassment if:
- Severe or Pervasive Conduct: The harassment is severe or pervasive enough to create a hostile work environment.
- Employer’s Failure to Act: Your employer failed to take appropriate action after being informed of the harassment.
- Evidence of Harassment: There is sufficient evidence to prove that the harassment occurred and had a detrimental impact on your work environment.
How Can You Sue a Customer for Harassment?
To sue a customer for harassment, follow these steps:
- Consult an Attorney: Seek legal advice from an attorney experienced in employment law to evaluate your case and guide you through the legal process.
- Gather Evidence: Collect all documentation and evidence of the harassment, including witness statements, recordings, and any communication with your employer about the incident.
- File a Complaint: Your attorney will help you file a formal complaint with the appropriate state or federal agency, such as the Equal Employment Opportunity Commission (EEOC).
- EEOC Investigation: The EEOC will investigate your complaint. If they find merit in your case, they will issue a “right to sue” letter, allowing you to proceed with a lawsuit.
- File a Lawsuit: With your attorney’s assistance, file a lawsuit in the appropriate court, seeking damages for the harassment you endured.
Damages You Can Seek in a Harassment Lawsuit
If you successfully prove harassment, you may be entitled to various damages, including:
- Compensatory Damages: To cover lost wages, medical expenses, and emotional distress.
- Punitive Damages: To punish the harasser and deter future harassment.
- Legal Fees: Reimbursement for the cost of hiring an attorney.
How to Prove Harassment
Proving harassment involves showing that the behavior was unwelcome, severe, and pervasive enough to create a hostile work environment. Key evidence includes:
- Witness Testimonies: Statements from coworkers who observed the harassment.
- Documentation: Emails, texts, or other written communications that demonstrate the harassing behavior.
- Medical Records: If the harassment caused emotional or physical harm, medical records can support your claim.
Criminal Charges for Harassment
In some cases, harassment may also lead to criminal charges, especially if it involves threats, physical assault, or stalking. Criminal charges can provide additional remedies and protections for the victim.
How an Attorney Can Help You in a Harassment Case
Dealing with the complexities of a harassment case, especially when it involves a customer, can be challenging and overwhelming. An experienced attorney can provide invaluable assistance and guidance throughout the process. Here’s how an attorney can help you:
- Understanding Your Rights: An attorney will help you understand your legal rights and explain how relevant laws, such as Title VII of the Civil Rights Act, apply to your situation.
- Assessing Your Case: They will evaluate the specifics of your case to determine its strength and the potential impact on your work and well-being.
- Gathering Evidence: An attorney will guide you on the necessary documentation, help gather witness statements, and compile evidence to support your claim.
- Filing Complaints and Legal Documents
They will assist in filing complaints with agencies like the EEOC and handle all necessary legal paperwork to ensure timely and correct submissions. - Negotiating Settlements: Experienced attorneys can negotiate settlements on your behalf, ensuring you receive fair compensation for damages such as lost wages and emotional distress.
- Representing You in Court: If your case goes to trial, an attorney will represent you, present evidence, question witnesses, and make legal arguments to support your case.
- Ensuring Employer Accountability: They will work to hold your employer accountable for their response to the harassment, proving any failures in their duty to protect you.
- Advising on Next Steps: An attorney will guide you through the decision-making process, advising on the best course of action, whether pursuing a lawsuit or seeking a settlement.
- Handling Retaliation Claims: If you face retaliation, an attorney can help file a claim to protect you from further harm and ensure your rights are upheld.
Contact BLG for Help with Harassment Cases
Harassment in the workplace is a serious issue, and it’s important for employees to know their rights and options. If you are being harassed by a customer, you have the right to seek justice and hold the harasser accountable.
Learning types of harassment, how to respond, and the steps to take for legal action allows you to protect yourself and ensure a safe and respectful work environment. We can also help you if you are dealing with bullying & harassment from a supervisor.
If you or someone you know is experiencing harassment from a customer, it’s crucial to take action and protect your rights. At BLG, our experienced attorneys specialize in handling workplace harassment cases, including those involving customer harassment.
FAQs
Can a business sue a customer?
Yes, a business can sue a customer, typically for reasons such as non-payment of bills, breach of contract, defamation, or damage to property.
What are the two most common types of harassment?
The two most common types of harassment are sexual harassment and employee harassment.
How to prove psychological harassment?
Proving psychological harassment often requires documentation of repeated and persistent behavior that creates a hostile environment. Evidence can include emails, messages, witness statements, medical records, and personal diaries detailing incidents.
What is not considered harassment?
Not all unwelcome behavior is considered harassment. For example, one-off comments or isolated incidents (unless extremely serious) usually do not qualify as harassment. Also, reasonable actions taken by an employer related to managing performance or workplace conduct are not considered harassment.
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