You’re dealing with sexual harassment at work, but it’s not coming from a coworker or supervisor—it’s from customers, clients, vendors, or contractors. Maybe you’ve wondered if you have the same protections, or if your employer can just shrug and say “that’s not our problem.”
Here’s what you need to know: your employer absolutely has a legal duty to protect you from sexual harassment by third parties. The law doesn’t create an exception just because the harasser doesn’t get a company paycheck. This protection extends to anyone you interact with as part of your job—customers, delivery drivers, consultants, patients, students, or anyone else.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
Understanding Third-Party Sexual Harassment
Third-party sexual harassment happens when someone who isn’t employed by your company subjects you to unwelcome sexual conduct while you’re performing your job. This includes inappropriate comments, unwanted touching, sexual propositions, or creating a hostile work environment through their behavior.
The Equal Employment Opportunity Commission (EEOC) makes it clear: employers must take immediate and appropriate corrective action when they know or should have known about third-party harassment. This standard applies whether the harassment comes from your biggest client or a one-time visitor to the office.
Common Examples of Third-Party Harassment
When Your Employer Becomes Liable
Your employer can’t simply claim they’re not responsible because they don’t control the harasser. The legal standard focuses on what your employer knew and what they did about it.
Employers become liable for third-party harassment when they fail to take prompt and appropriate action after learning about the harassment. This knowledge can be actual (someone reported it) or constructive (they should have known based on the circumstances).
The Knowledge Standard
Your employer “knows” about harassment when:
- You report it to any supervisor or manager
- HR receives a complaint
- Management witnesses the behavior
- Multiple employees discuss it openly
- Previous similar incidents have occurred
Your employer “should have known” when:
- The harassment is blatant and occurs in open areas
- Multiple employees are affected
- The harasser has a known history of inappropriate behavior
- Industry standards would require monitoring (like security cameras that would capture the behavior)
Your Employer's Legal Obligations
Once your employer knows about third-party harassment, they must take immediate and appropriate corrective action. This doesn’t mean they get one free pass or can wait to see if it happens again.
Required Employer Actions
The specific actions depend on your employer’s level of control. A store can ban a customer. A hospital might need to transfer a patient to another provider. A professional services firm can fire a client. The key is that your employer must use whatever leverage they have to stop the harassment.
Industries at Higher Risk
Certain industries face higher rates of third-party harassment due to the nature of customer interactions and workplace dynamics. Understanding your industry’s specific risks helps you recognize harassment patterns and know your rights.
Service Industry Vulnerabilities
Workers in customer-facing roles often encounter harassment because some customers wrongly believe that “the customer is always right” extends to sexual conduct. Tipped workers face particular vulnerability because harassers may leverage economic power over them.
Restaurant servers, bartenders, and hotel staff report some of the highest rates of customer harassment. The combination of alcohol, late hours, and customer entitlement creates environments where harassment flourishes without proper employer intervention.
Healthcare Settings
Healthcare workers face unique challenges because they can’t simply refuse service to harassing patients in many situations. However, healthcare facilities must still protect their workers through measures like:
- Having security or additional staff present during patient interactions
- Documenting inappropriate behavior in patient charts
- Transferring patients to other providers when possible
- Creating clear behavioral contracts with patients
Professional Services
Lawyers, accountants, consultants, and other professionals often face harassment from clients who use business relationships as leverage. The fear of losing major accounts can make employers reluctant to act, but the law doesn’t create an exception for valuable clients.
Documentation Strategies That Protect You
Strong documentation makes the difference between a successful claim and your word against others. Start documenting immediately, even if you’re unsure whether you’ll take formal action.
Keep your documentation in a safe place outside of work. Email copies to your personal email address. Never rely solely on company systems that you might lose access to.
Reporting to Your Employer
When reporting third-party harassment, be clear and specific. Don’t minimize what happened or try to soften the impact. Your employer needs to understand the severity to respond appropriately.
Send your report in writing, even if you also report verbally. Email creates a timestamp and paper trail. Include:
- Specific incidents with dates and details
- How the harassment affects your work
- What response are you seeking
- That you expect no retaliation
If your supervisor dismisses your concerns, escalate to HR or higher management. The company can’t later claim ignorance if you’ve created a clear written record.
Common Employer Excuses (And Why They Don't Hold Up)
Employers often try to avoid responsibility for third-party harassment with excuses that sound logical but aren’t legally valid. Knowing these ahead of time helps you push back effectively.
“We Can’t Control Customers”
While employers can’t control customer behavior, they absolutely can control their response to it. Every business has the right to refuse service, set behavioral standards, and protect their employees. The law requires them to use whatever control they do have.
“It Would Hurt Business”
Losing a client or customer doesn’t excuse allowing harassment. Title VII doesn’t include a profit exception. Courts have repeatedly held that business concerns don’t override employee safety and dignity.
“It’s Part of the Job”
No job description includes accepting sexual harassment. Even in industries with high customer interaction, harassment isn’t a normal working condition that employees must tolerate.
“They Didn’t Mean Anything By It”
Intent doesn’t matter—impact does. The legal standard focuses on whether a reasonable person would find the environment hostile, not whether the harasser thought they were being funny or friendly.
Legal Protections Beyond Title VII
While Title VII provides federal protection, many states offer even stronger safeguards against third-party harassment. Understanding your full range of protections helps you make informed decisions about how to proceed.
State Law Enhancements
New York’s Human Rights Law, for example, applies to all employers regardless of size and allows up to three years to file a claim. California requires employers to take “all reasonable steps” to prevent harassment, a potentially higher standard than federal law.
Industry-Specific Regulations
Some industries have additional regulations addressing workplace safety that include harassment prevention. Healthcare facilities must comply with Joint Commission standards. Hotels in certain cities must provide panic buttons for housekeeping staff. These industry rules create additional employer obligations beyond basic Title VII requirements.
Taking Action: Your Step-by-Step Guide
When facing third-party harassment, taking systematic action protects your rights and builds your case. Don’t wait for the situation to improve on its own—it rarely does without intervention.
Immediate Steps
First, make your objection clear to the harasser if you feel safe doing so. A firm “that’s inappropriate” or “stop that behavior” establishes that the conduct is unwelcome. If you don’t feel safe confronting the harasser, that’s completely understandable and doesn’t weaken your claim.
Report the harassment to your supervisor immediately, preferably in writing. If your supervisor is unavailable or unresponsive, go to HR or higher management. Don’t let anyone convince you to “wait and see” or handle it informally if you’re uncomfortable.
Building Your Case
Start keeping detailed notes about every incident, including dates, times, locations, witnesses, and exact words or actions. Save any physical evidence like emails, texts, or voicemails. If your state allows it, consider recording conversations about the harassment (check your state’s recording laws first).
Document any changes in your work after the harassment—reduced hours, lost tips, missed opportunities, or emotional distress affecting your performance. These damages matter in determining compensation.
Formal Complaint Process
If your employer doesn’t respond adequately, file a charge with the EEOC or your state’s fair employment agency. You typically have 180 days from the last incident (300 days in states with fair employment agencies), but don’t wait until the deadline approaches.
The EEOC will investigate your claim and may attempt mediation. If they find reasonable cause to believe discrimination occurred, they might sue on your behalf or issue you a right-to-sue letter allowing you to file a lawsuit.
Red Flags That Signal You Need Legal Help
Certain situations indicate it’s time to consult an employment attorney immediately. Don’t wait until the situation becomes unbearable or your employer takes adverse action against you.
Consider legal consultation when:
- Your employer refuses to take any action after multiple reports
- You face retaliation for reporting harassment
- The harassment involves physical assault or criminal behavior
- Your employer suggests you’re the problem or should find another job
- Multiple employees face similar harassment
- Your employer has a history of ignoring harassment complaints
Time Limits Matter
Employment discrimination claims have strict deadlines. Missing these deadlines can permanently bar your claim, regardless of how strong your case might be. The clock starts ticking from the last incident of harassment or retaliation, not when you decide to take action.
Federal EEOC charges must typically be filed within 180 days (extended to 300 days in states with fair employment agencies). State law claims might have different deadlines—New York allows three years for state human rights claims, while some states require filing within one year.
Moving Forward: Protecting Yourself and Your Career
Dealing with third-party harassment takes tremendous courage, especially when your employer prioritizes customer relationships over your safety. Remember that you’re not responsible for the harassment, and you deserve a workplace free from sexual harassment regardless of who’s creating the hostile environment.
Your employer has legal tools to address third-party harassment—they just need the will to use them. When they fail to protect you, the law provides remedies, including compensation for lost wages, emotional distress, and punitive damages in cases of employer indifference.
Take Action Today
Third-party sexual harassment isn’t just inappropriate—it’s illegal, and your employer must stop it. If you’re facing harassment from customers, clients, or anyone else in your workplace, you have the same rights as someone harassed by a coworker.
Document everything, report the harassment in writing, and don’t accept excuses about why your employer can’t protect you. If your employer won’t take appropriate action, it’s time to explore your legal options.
The experienced employment attorneys at Nisar Law Group understand the unique challenges of third-party harassment cases. We know how to hold employers accountable when they prioritize business relationships over employee safety. Contact us today for a consultation to discuss your situation and learn how we can help protect your rights and career.
Don’t wait for the harassment to escalate or for your employer to finally take action. The sooner you understand your rights and options, the stronger your position becomes. Reach out to Nisar Law Group today—because no job should require you to endure sexual harassment from anyone.
