Sexual harassment by a customer – Is an employer liable?

Have you ever been sexually harassed at the workplace? Has it been difficult to prove sexual harassment? Do you know that an employer is required by the law to provide their employees with a safe work environment? If you get sexually harassed at the workplace, notify the employer. The employer should deal with this situation. If this doesn’t happen, you can go to court and file a complaint.

Sexual harassment.

To prove you were harassed, gather evidence, establish a timeline, and find witnesses. When you get harassed by a customer and the employer is aware but fails to deal with the matter, the employer may be held liable for sexual harassment in court. An employee handbook should guide you on what to do if sexually harassed at the workplace. An employer should defend their employees against racist, discriminatory, or sexist customers. The harassment victim will be compensated if they win the case. The sexual harassment prevention act prohibits the following:

  • Using authority to ask for sexual favors.
  • Indecent act.
  • Repeating sexual comments.
  • Sharing photographs of a colleague at the workplace without their consent. 
  • Referring to sexuality repeatedly. 
  • Making degrading comments about a person’s sexual preference or gender. 
  • Using blackmail to ask for sexual favors. 

It is hard to prove a sexual harassment case in court. Talk to an experienced attorney who will help solve all your problems. An attorney will tell you if you have sufficient ground to file a sexual harassment complaint. It is hard to win the case if there are no witnesses and no records. For the case to proceed, you will need to provide firm evidence to prove that you were sexually harassed. Many victims fail to report an assault because it is very demoralizing to report the incident and then be asked to prove it instead of being helped.

The following documentation will help to prove your case:

  • Medical records.
  • Email.
  • Audio recordings.
  • Texts.
  • Police reports.
  • Witness statements.
  • Video of the sexual harassment.
  • Filed complaints to employer or HR.
  • Journals.
  • Psychiatric help records.

File a complaint.

Report the incident to your employer or HR. It is essential to have a piece of evidence to help prove your point. The employer will investigate the situation and come up with a resolution. If you don’t feel satisfied with your employer’s response, you can always report the case elsewhere. File a report with Equal Employment Opportunity Commission (EEOC). An experienced sexual harassment lawyer will help you throughout the process while supporting you every step. 

In Summary

The work environment should be safe and free from any form of harassment.  You should never have to endure a toxic working environment. Proving sexual harassment in court is very hard. A sexual harassment lawyer will help you navigate the court process and find the necessary evidence required for the case to proceed. You will need a medical record, email, video, texts, police reports, witness statements, psychiatric help records, or audio recordings to prove the sexual harassment you went through. 

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