When Customers Cross the Line: Finding Help from a Sexual Harassment Lawyer in Los Angeles
You’re at work, trying to do your job, when a customer makes an inappropriate comment, touches you without permission, or creates a hostile environment through repeated sexual advances. Your employer tells you it’s "just part of the job" or to "deal with it" because the customer brings in business. This situation leaves you feeling trapped—you need your job, but you shouldn’t have to endure harassment to keep it. The reality is that California law protects employees from sexual harassment by customers and clients, and your employer has a legal duty to take action when they know or should know harassment is occurring.
💡 Pro Tip: Document every incident immediately with dates, times, witnesses, and what was said or done. This creates a paper trail that strengthens your legal case.
Feeling overwhelmed by customer harassment at work? MSD Lawyers is here to help you navigate your legal options and ensure your rights are protected. Don’t wait; reach out to us today at 213-401-0823 or contact us online to take the first step towards a safer workplace.
California Law Protects You From Customer Sexual Harassment
Under the California Fair Employment and Housing Act, employees may sue their employers for workplace harassment committed by a client of the employer. This protection extends beyond just traditional employees—an employee, applicant, unpaid intern, volunteer, or contractor may file a complaint of harassment. Your employer cannot simply ignore customer harassment and claim it’s not their responsibility. When a sexual harassment lawyer in Los Angeles reviews your case, they will examine whether your employer knew or should have known about the harassment and whether they failed to take appropriate corrective action.
💡 Pro Tip: Report harassment to your supervisor or HR department in writing. This creates evidence that your employer had knowledge of the problem.
Understanding Your Options and Legal Process
When facing customer harassment, understanding the legal framework helps you make informed decisions about protecting your rights. California’s approach recognizes that harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff. A sexual harassment lawyer in Los Angeles can guide you through this process and explain how recent legislative changes strengthen your position.
- Immediate Documentation: Record all incidents with specific details about what happened, when, and who witnessed it
- Internal Reporting: Notify your employer in writing about the harassment, creating a formal record of their knowledge
- SB 1300 expanded employer liability for harassment by non-employees to include all forms of unlawful harassment, not just sexual harassment, giving you broader protection
- Filing Options: You can file complaints with the Civil Rights Department and pursue civil litigation simultaneously
- Legal Remedies: Seek compensation for emotional distress, lost wages, and other damages while holding your employer accountable
💡 Pro Tip: California law confirms that a single incident of harassing conduct is sufficient to create a triable issue of hostile work environment—you don’t need to prove a pattern of behavior.
Taking Action Against Customer Harassment With Legal Support
Resolving customer harassment requires strategic action that addresses both the immediate workplace situation and your long-term legal rights. Under Government Code 12940(j)(1), an employer may be held liable for harassing acts of an employer’s client when the employer is negligent regarding the acts. This means your employer cannot simply shrug off customer harassment as beyond their control. A sexual harassment lawyer in Los Angeles will evaluate whether your employer met their duty to provide a harassment-free workplace and took reasonable steps to prevent and address customer misconduct. MSD Lawyers understands the complexities of these cases and works to hold employers accountable for protecting their employees from third-party harassment.
💡 Pro Tip: Keep records of your employer’s response to harassment complaints. Inadequate responses or retaliation can strengthen your legal case significantly.
How SB 1300 Strengthened Employee Protections
Recent legislative changes have significantly strengthened protections for employees facing customer harassment. SB 1300 was approved by the Governor on September 30, 2018 and filed with Secretary of State on September 30, 2018, with the law going into effect on January 1, 2019. This landmark legislation rejected the "stray remarks doctrine" and expanded harassment protection under California Employment Discrimination Laws. A sexual harassment lawyer in Los Angeles can explain how these changes benefit your case, particularly if your employer previously dismissed isolated incidents as legally insignificant.
Prohibition of Non-Disclosure Agreements
One of the most important changes brought by SB 1300 was that it prohibited employers from requiring employees to sign non-disclosure agreements about unlawful workplace acts as a condition of employment. This prevents employers from silencing victims of customer harassment and ensures that patterns of problematic behavior can be exposed and addressed. If your employer has attempted to pressure you into signing such agreements, this violation of state law strengthens your position considerably.
💡 Pro Tip: Never sign any agreement that prevents you from reporting harassment or discrimination without first consulting with an attorney who can explain your rights.
When Professional Relationships Become Problematic
Sexual harassment can occur in various professional contexts beyond traditional employer-employee relationships. California Civil Code Section 51.9 applies to sexual harassment in business, service, or professional relationships that cannot be easily terminated. This law covers relationships including doctor-patient, therapist-patient, lawyer-client, landlord-tenant, and teacher-student scenarios. A sexual harassment lawyer in Los Angeles can help determine whether Civil Code 51.9 applies to your situation, especially if you work in a profession where ongoing client relationships are essential to your livelihood.
Understanding Business Relationship Harassment
Civil Code 51.9 specifically addresses situations where there is a business, service, or professional relationship between the plaintiff and defendant or the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship. This protection recognizes that some professional relationships involve power imbalances that make it difficult for victims to simply walk away from harassment. The law provides recourse when ending the relationship would cause significant professional or financial harm.
💡 Pro Tip: If you work in a profession where client relationships are crucial to your success, document how harassment affects your ability to perform your job duties and maintain professional relationships.
Frequently Asked Questions
Understanding Your Rights Against Customer Harassment
Employees often feel uncertain about their rights when harassment comes from customers rather than coworkers or supervisors. Understanding your legal protections helps you make informed decisions about how to respond.
💡 Pro Tip: Contact an experienced attorney for a consultation to understand how California law applies to your specific situation and workplace.
Next Steps After Experiencing Customer Harassment
Taking action against customer harassment requires understanding both your immediate safety needs and your long-term legal options. The sooner you act, the better you can protect your rights and document the situation.
💡 Pro Tip: Remember that employers of five or more are subject to the FEHA’s prohibition against employment discrimination, but harassment protections apply to all workplaces regardless of size.
1. Can my employer really be held responsible for what customers do to me?
Yes, under California law, employers can be liable for customer harassment when they are negligent. This occurs when the employer knows or should have known of the harassment and the employer does not take appropriate corrective action. Your employer has a duty to maintain a harassment-free workplace, even when the harassment comes from third parties like customers or clients.
2. What if my employer says customer harassment is just part of the job?
This response is legally insufficient and potentially creates additional liability for your employer. The Civil Rights Department is the state agency charged with enforcing California’s civil rights laws, and they recognize that no employee should have to tolerate harassment as a condition of employment. Your employer must take reasonable steps to prevent and address customer harassment.
3. How do I prove that my employer should have known about the harassment?
Evidence can include witness statements, security footage, customer complaint records, prior incidents involving the same customer, or any reports you made to management. If other employees experienced similar problems with the same customer, this creates a pattern that suggests your employer should have been aware of the risk.
4. What kind of compensation can I recover for customer harassment?
You may be entitled to compensation for emotional distress, lost wages, medical expenses related to the harassment, and other damages. In some cases, punitive damages may be available if your employer’s response was particularly inadequate. The law was amended by SB 224 in 2018, effective January 1, 2019, which strengthened remedies available to harassment victims.
5. Should I report the harassment to my employer before contacting an attorney?
While reporting harassment to your employer is often necessary to establish their knowledge, you should consult with an attorney first to understand the best way to document and report the incidents. An attorney can help you navigate the reporting process while protecting your legal rights and building the strongest possible case.
Work with a Trusted Sexual Harassment Lawyer
Customer harassment cases require understanding complex legal standards and employer duties under both state and federal law. The mission of the CRD is to protect the people of California from unlawful discrimination in employment, housing, businesses, and state-funded programs, and from bias-motivated violence and human trafficking, but you also need experienced legal representation to ensure your individual rights are fully protected. When selecting an attorney, look for someone with proven experience handling third-party harassment cases who understands how to build compelling evidence of employer negligence while supporting you through what can be a challenging legal process.
If you’re feeling stuck because of customer harassment, let MSD Lawyers be your guiding light. Reach out today at 213-401-0823, or contact us to begin your journey toward a fair workplace. Don’t face this challenge alone—we’re here to help you reclaim your peace of mind.
