What Are My Rights Against Sexual Harassment by Clients or Customers?

When you go to work, you expect to be treated with respect. But what happens when clients or customers cross the line? Many employees face unwelcome sexual comments, touching, or other inappropriate behavior from the very people they’re supposed to be helping or serving.

At Megan Thomas Law, PLLC, we know this reality all too well. Sexual harassment doesn’t just come from coworkers or supervisors; it can come from anyone you interact with at work, including clients and customers. And yes, you have legal rights when this happens.

What is Third-Party Harassment?

In retail stores, restaurants, hotels, healthcare settings, and many other workplaces, employees often face harassment from the people they serve. A server might endure inappropriate comments about their appearance. A nurse might face unwanted touching from a patient. A salesperson might receive explicit messages from a client.

This is called “third-party” or “customer” harassment, and it’s against the law in New York.

The power imbalance between workers and customers can make this form of harassment particularly difficult to address, but you don’t have to face it alone.

Your Legal Rights When Clients or Customers Harass You

New York law provides strong protections against all forms of sexual harassment, including harassment from customers and clients. Here’s what you need to know:

• Your employer must protect you from sexual harassment by anyone in your workplace, including clients and customers
• The “customer is always right” philosophy does not apply to sexual harassment
• You have the right to report sexual harassment without facing retaliation
• Your employer has a legal duty to take reasonable steps to stop the sexual harassment

Under the New York State Human Rights Law, harassment doesn’t need to be “severe or pervasive” to be illegal. Even a single incident could qualify if it creates an inferior working condition because of your sex or gender.

What Customer/Client Sexual Harassment Looks Like

Client and customer sexual harassment takes many forms:

• Unwelcome sexual advances or propositions
• Sexual comments about your body, clothing, or appearance
• Inappropriate touching or physical contact
• Sexual jokes, innuendos, or comments
• Showing or sending sexually explicit images
• Persistent requests for dates or personal contact information
• Sexual gestures or leering

These behaviors can make you feel uncomfortable and unsafe, and can interfere with your ability to do your job effectively.

Your Employer’s Legal Obligations

When clients or customers sexually harass you, your employer cannot simply look the other way. They have specific legal responsibilities:

• Prevention: Employers must have policies that address all forms of harassment, including from third parties
• Response: When you report harassment, your employer must take prompt action
• Protection: Your employer must take reasonable steps to shield you from further harassment
• Non-retaliation: It’s illegal for your employer to punish you for reporting harassment

If your employer fails to meet these obligations, they may be held legally responsible for the harassment you’ve experienced.

What Your Employer Should Do When You Report

When you report client or customer harassment, appropriate employer responses might include:

• Asking the customer to stop the behavior
• Assigning a different employee to work with that client
• Having another employee present during interactions
• Banning the harasser from the premises
• Ending or changing the business relationship with the harasser

If your employer fails to take reasonable steps, they may be held legally responsible for the harassment.

Practical Steps to Protect Your Rights

If you’re experiencing harassment from clients or customers:

1. Document Each Incident

Keep a detailed record of:

• When and where the harassment occurred
• Exactly what was said or done
• Who witnessed it
• How you responded
• Any effect on your work performance or well-being

This documentation strengthens your case if you need to take legal action.

Written records created at the time of the incidents are powerful evidence that can make all the difference in a legal proceeding.

2. Report to Your Employer

Follow your company’s harassment reporting procedure. Put your complaint in writing and be specific about what happened. Keep copies of all communications about the harassment. Don’t wait until the harassment happens again to report it, especially if you feel unsafe.

While verbal reports are protected, written complaints create a paper trail that can protect you later on.

3. Know the Reporting Deadlines

If your employer doesn’t resolve the issue:

• You can file a complaint within the statute of limitations with the New York State Division of Human Rights
• You have 300 days to file with the federal Equal Employment Opportunity Commission

Missing these deadlines can cause you to lose your right to legal action, so it’s important to be aware of the timeline even if you hope to resolve things informally.

4. Consider Legal Assistance

An experienced employment attorney at Megan Thomas Law can help you:

• Understand your specific rights
• Communicate effectively with your employer
• File administrative complaints
• Pursue legal action if necessary

Having legal representation often changes how employers respond to harassment complaints and can lead to faster, more favorable resolutions.

Common Employer Excuses (That Don’t Work)

Employers sometimes try to avoid addressing client/customer harassment by saying:

• “That’s just how that client is”
• “We can’t afford to lose that customer’s business”
• “It’s part of working in this industry”
• “You need to have a thicker skin”
• “Just avoid being alone with them”

None of these excuses relieves an employer of their legal responsibility to provide a harassment-free workplace.

Frequently Asked Questions

Can I be fired for reporting client harassment?

No. Both New York State and federal laws strictly prohibit retaliation against employees who report sexual harassment. If you’re fired, demoted, given worse assignments, or otherwise punished for reporting harassment, this is illegal retaliation, and you may have additional legal claims against your employer.

What if the harassment occurs at a client’s office or outside of my workplace?

Your employer’s duty to protect you from harassment extends to any work-related setting, including client sites, business trips, and work-related social events. Even if the harassment happens off-site or after hours, if it’s connected to your work, your employer has a responsibility to address it.

What if I work in a traditionally male-dominated field where customer harassment seems normal?

Industry norms or traditions never justify sexual harassment. Even in fields where inappropriate behavior has historically been tolerated (like construction, service industries, or entertainment), you still have the legal right to a harassment-free workplace. The “that’s just how it is” excuse doesn’t hold up in court.

Does my employer have to stop working with a valuable client who harasses me?

Not necessarily. Your employer needs to take effective action to stop the harassment, but this doesn’t always mean terminating the business relationship. Sometimes, having a serious conversation with the client, establishing clear boundaries, or ensuring you don’t have to work directly with that person can be sufficient—as long as these measures actually stop the harassment.

What if I initially went along with the behavior because I was afraid of losing my job?

Initial participation or delayed reporting doesn’t waive your rights. Many harassment victims feel pressured to tolerate or even participate in inappropriate behavior out of fear of job consequences. Your case won’t be automatically dismissed because you didn’t object immediately or forcefully.

It’s Time to Protect Your Rights

If you’re facing sexual harassment from clients or customers in Syracuse or anywhere in New York, contact Megan Thomas Law for a confidential consultation. We understand what you’re going through, and we know how to help.

You have the right to do your job without being sexually harassed by anyone. We’re here to help you protect that right.

The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.