Third-Party Harassment by Clients or Customers
Workplace harassment does not always come from supervisors or coworkers. In some industries, employees may experience harassment from customers, clients, vendors, patients, contractors, or other third parties connected to the workplace.
Understanding third-party harassment in the workplace can help employees recognize when inappropriate conduct may create legal and workplace concerns, even if the harasser is not employed by the company.
Executive Summary
Third-party workplace harassment involves inappropriate or unwelcome conduct by individuals who are not employees of the company, such as customers, clients, patients, or vendors. Employers may still have responsibilities to address harassment and maintain reasonably safe working conditions when they know or should know about the misconduct.
What Is Third-Party Workplace Harassment?
Third-party workplace harassment refers to harassment committed by someone outside the employer’s workforce.
This may include:
- Customers
- Clients
- Patients
- Independent contractors
- Delivery personnel
- Business vendors
The conduct may still affect an employee’s work environment even though the harasser is not a coworker or supervisor.
Common Examples of Third-Party Harassment
| Type of Conduct | Example |
|---|---|
| Sexual Comments | Customers making repeated inappropriate remarks |
| Unwanted Physical Contact | Clients touching employees without consent |
| Harassing Messages | Vendors sending inappropriate communications |
| Threatening Conduct | Customers intimidating or verbally abusing employees |
| Repeated Inappropriate Behavior | Patients or clients engaging in ongoing misconduct |
The seriousness and frequency of the conduct often become important factors.
Industries Where Third-Party Harassment Often Occurs
Third-party harassment concerns can arise in many customer-facing industries.
- Restaurants and hospitality
- Retail stores
- Healthcare facilities
- Hotels and entertainment venues
- Real estate and sales industries
- Customer service environments
Employees who regularly interact with the public may face increased exposure to inappropriate conduct.
Employer Responsibilities in Third-Party Harassment Cases
Employers generally cannot ignore workplace harassment simply because the harasser is not an employee.
Employer responsibilities may include:
- Responding to employee complaints
- Investigating reported misconduct
- Taking reasonable corrective action
- Maintaining workplace safety policies
- Protecting employees from ongoing harassment
The employer’s response after learning about the conduct may become an important issue.
When Employers May Face Liability
Employer liability often depends on whether the employer knew or should have known about the harassment and failed to take appropriate action.
| Issue | Potential Concern |
|---|---|
| Repeated Complaints Ignored | Failure to address known harassment |
| No Reporting Procedures | Lack of workplace protections |
| Continued Exposure to Harasser | Failure to reduce known risks |
| Retaliation After Complaints | Additional employment law concerns |
Hospitality and Restaurant Industry Issues
Third-party harassment concerns frequently arise in restaurants, bars, hotels, and entertainment venues.
Examples may involve:
- Customers making repeated sexual comments to servers
- Patrons engaging in inappropriate touching
- Management encouraging employees to tolerate misconduct
- Pressure to avoid reporting customer behavior
Workplace culture and management response often become important factors in these situations.
Healthcare and Patient-Related Harassment
Healthcare workers sometimes experience harassment from patients or visitors.
Potential concerns may include:
- Repeated inappropriate comments
- Physical misconduct
- Threatening behavior
- Harassing communications
Healthcare employers may still have responsibilities to address workplace safety concerns while balancing patient care obligations.
Documentation That May Help Support a Claim
Documentation can be especially important in third-party harassment situations.
- Incident notes with dates and details
- Emails or written complaints
- Witness statements
- Security footage if available
- Text messages or communications
Preserving records may help establish patterns of conduct and employer responses.
Retaliation Concerns After Reporting
Employees sometimes worry about retaliation after reporting harassment by customers or clients.
Examples may include:
- Schedule changes
- Reduced hours
- Loss of customer-facing opportunities
- Negative performance reviews
- Pressure to remain silent
Retaliation concerns can become separate workplace issues depending on the circumstances.
What Employees Should Do
If you are experiencing third-party harassment at work, certain steps may help protect your position.
- Document incidents carefully
- Preserve communications and records
- Review workplace reporting procedures
- Report concerns through appropriate channels
Maintaining organized records can help establish timelines and workplace responses.
Common Misunderstandings About Third-Party Harassment
| Misunderstanding | Reality |
|---|---|
| Only coworkers can create harassment claims | Third parties may also create workplace liability concerns |
| Employers have no responsibility for customer conduct | Employers may still need to address known harassment |
| Customer-facing jobs require tolerating misconduct | Employees may still have workplace protections |
| Single complaints never matter | Serious incidents may still require action |
Quick Third-Party Harassment Checklist
| Question | Why It Matters |
|---|---|
| Was the conduct work-related? | May affect workplace liability issues |
| Did the employer know about the conduct? | Important for employer responsibility |
| Was corrective action taken? | Employer response may become significant |
| Do records or witnesses exist? | Evidence may support workplace claims |
Speak With Burts Law
If you are dealing with harassment by customers, clients, vendors, or other third parties in the workplace, Burts Law, PLLC can help you understand your options and evaluate the circumstances surrounding your situation.
Contact Burts Law to schedule a consultation and learn more about workplace harassment and employee protections.
