Sexual Harassment by a Client or Customer in New York

Employers have a duty to protect you, even from customers.

If a client or customer made unwanted advances, comments, or physical contact and your employer ignored it, you may have a claim. Our New York sexual harassment lawyer helps workers hold both harassers and employers accountable.

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“The customer is always right” doesn’t apply when it comes to sexual harassment.

Many New York employees face unwelcome sexual advances, inappropriate comments, or offensive behavior from the clients and customers they’re expected to satisfy as part of their job. This creates an impossible situation: report the harassment and risk losing important business relationships, or endure inappropriate behavior to protect your career.

At Megan Thomas Law, we help employees handle these challenging situations while protecting both their dignity and their professional standing. We’ll help you enforce those rights while minimizing business disruption.

Industries Where Client Harassment Is Common

While client harassment can happen in any field, certain industries see higher rates due to their client-focused nature:

• Hospitality and food service: Restaurant servers, hotel staff, and bartenders often face harassment from customers who view service with an inappropriate sexual dimension
• Retail: Sales associates frequently experience unwanted attention and comments from customers who mistake professional courtesy for personal interest
• Healthcare: Medical professionals, particularly nurses and medical assistants, regularly encounter inappropriate behavior from patients
• Financial services: Advisors and bankers may face harassment from wealthy clients who believe their business gives them special privileges
• Law: Attorneys and legal staff sometimes experience harassment from clients who hold significant business leverage
• Real estate: Agents often work alone with clients in private settings, creating vulnerability to harassment
• Professional services: Consultants, accountants, and other service providers may face harassment during long-term client relationships

In these industries, employers have a special responsibility to protect their employees while maintaining appropriate client relationships.

Legal Protections Against Client Harassment

New York law protects employees from harassment regardless of the harasser’s relationship to the company:

• New York State Human Rights Law requires employers to take reasonable steps to prevent and address harassment by non-employees, including clients and customers, when they know or should know about it.
• New York City Human Rights Law provides especially strong protections, specifically addressing third-party harassment and requiring employers to take appropriate corrective action.
• Federal Title VII has been interpreted to require employers to take prompt remedial action when they know or should know about client or customer harassment.

These laws recognize that employers have a duty to provide a harassment-free workplace, regardless of who is creating the hostile environment.

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Employer Responsibility for Client Harassment

Employers have specific legal obligations regarding harassment from clients and customers:

• Prevention duty: Companies must take reasonable steps to prevent client harassment, such as establishing clear policies and providing appropriate training
• Response requirement: When notified of client harassment, employers must take prompt and appropriate corrective action
• Protection obligation: Employers cannot sacrifice employee safety and dignity for business relationships
• Anti-retaliation duty: Companies cannot penalize employees who report client harassment, even if it affects business
• Accommodation responsibility: Employers should make reasonable accommodations to protect employees while maintaining client relationships when possible

When employers fail to meet these obligations, they can be held legally liable for the harassment, even though they didn’t directly cause it.

Common Employer Failures in Client Harassment

Unfortunately, many employers mishandle client harassment situations in ways that increase their legal liability:

• Business prioritization: Valuing the client relationship over employee well-being (“The customer is always right”)
• Minimization: Downplaying the seriousness of the harassment (“That’s just how they are”)
• Victim-blaming: Suggesting the employee provoked or should tolerate the behavior (“Just be professional about it”)
• Inadequate response: Taking insufficient steps to address the harassment while maintaining the client relationship
• Punishing the victim: Removing the harassed employee from client contact instead of addressing the client’s behavior
• Lack of policy: Failing to establish clear procedures for reporting and addressing client harassment

These responses not only harm employees but also increase the company’s legal exposure for failing to properly address the harassment.

Taking Action Against Client Harassment

If you’re experiencing harassment from a client or customer, these steps can help protect your rights:

1. Document everything: Keep detailed records of all harassing incidents, including dates, times, locations, what happened, and who witnessed it
2. Report internally: Notify your supervisor or HR about the harassment through official channels
3. Propose solutions: Suggest reasonable accommodations that would protect you while maintaining the client relationship
4. Know your boundaries: Understand that you have the right to refuse service or client interaction when your safety or dignity is threatened
5. Consider a team approach: Request that client meetings include multiple staff members when possible
6. Preserve evidence: Save any emails, texts, voicemails, or other communications containing harassing content

Our team can help you manage these steps while minimizing professional disruption.

Legal Remedies for Client or Customer Harassment

If your employer has failed to properly address client harassment, you may be entitled to significant remedies, including:

• Workplace accommodations – Reasonable changes to protect you from the harassing client while allowing you to continue your work
• Emotional distress damages – Compensation for psychological harm and suffering caused by the harassment and your employer’s inadequate response
• Lost earnings recovery – Remedies for any income lost due to avoiding the harasser or leaving your position because of unaddressed harassment
• Attorney’s fees and costs – Payment of your legal expenses by the employer if they failed to take appropriate action
• Punitive damages – Additional compensation in cases where your employer’s response was particularly inadequate

New York State law provides comprehensive protection against third-party harassment, allowing meaningful remedies when employers fail to properly address client or customer misconduct.

Balancing Professional Relationships and Personal Dignity

While business relationships are important, they never justify tolerating harassment or sacrificing employee dignity and safety. At Megan Thomas Law, we understand the complex dynamics of client harassment. Our goal is to help you maintain productive business relationships while ensuring your workplace remains free from harassment.

If you’ve experienced sexual harassment from a client or customer in New York, contact Megan Thomas Law today for a confidential consultation. Together, we’ll develop a strategy that addresses the harassment while protecting your professional standing and career.

Good client service never requires tolerating harassment. We’ll help ensure your employer understands and respects that principle.

*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.

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