Handling Sexual Harassment by Customers at Work

Facing Harassment from Customers

If you have experienced sexual harassment from customers at work in California, you are not alone. Many employees in retail, hospitality, health care, and other service industries face uncomfortable or even threatening situations involving customers. Navigating these incidents is emotionally draining and can leave you feeling powerless, especially if management fails to intervene.

California law protects employees from all forms of workplace sexual harassment, including harassment by non-employees such as customers, clients, or vendors. Understanding your rights, knowing how to document incidents, and taking the right steps can help protect your well-being and your career.

For information about related issues such as reporting workplace sexual harassment or assault or legal protections against retaliation for reporting harassment, Attain Law provides trusted guidance.

What Counts as Customer Sexual Harassment?

Customer sexual harassment refers to unwelcome sexual advances, comments, gestures, or conduct from customers, clients, or other third parties while you are performing your job duties. In California, these behaviors are prohibited under the Fair Employment and Housing Act (FEHA).

Some common examples include:

• Repeatedly asking for personal details or dates
• Unwanted touching, grabbing, or close physical contact
• Inappropriate jokes, comments, or sexual innuendo
• Leering, making suggestive gestures, or displaying sexual materials
• Threats, intimidation, or offers of favors in exchange for compliance

If any of these behaviors have occurred, even if your employer is not the perpetrator, you still have rights under California law.

For more on what qualifies as sexual harassment at work, see our detailed guide.

California Laws Protecting Employees

California’s FEHA provides comprehensive protection against sexual harassment by non-employees, including customers. Employers are required to take reasonable steps to prevent and address harassment from anyone in the workplace, not just supervisors or coworkers.

Key points under California law:

• Employers are liable if they knew or should have known about the harassment and failed to act.
• Both full-time and part-time employees are protected.
• FEHA covers all workplaces with five or more employees.
• Additional protections exist under Title VII of the Civil Rights Act of 1964.

If you are in a field with frequent customer contact, these laws are especially important. For more on employer responsibilities, visit How Attain Law Offers Free Legal Help for Harassment.

Your Employer’s Responsibilities

California employers must:

• Have a clear policy on third-party harassment
• Promptly investigate complaints, whether the harasser is a customer or a coworker
• Take steps to stop the misconduct and prevent it from happening again
• Avoid retaliating against employees who report issues

Employers should provide training on handling harassment and make sure all employees know how to report problems.

If your employer fails to act, they may be held legally responsible. You may also want to review legal remedies for hostile work environment claims.

Steps to Take After Customer Harassment

Knowing what to do immediately after an incident can protect your rights.

Suggested actions:

• Politely but firmly tell the customer their behavior is unwelcome, if you feel safe doing so
• Document every incident: record dates, times, what was said or done, and any witnesses
• Save any physical evidence (notes, texts, emails)
• Report the behavior to your supervisor or HR department as soon as possible
• Follow up in writing to create a record of your complaint

For more tips, see how to report workplace sexual harassment or assault.

Documenting Your Experience

Strong documentation can make a significant difference in the outcome of an investigation or legal claim.

Best practices:

• Keep a dedicated notebook or digital file for incidents
• Include as much detail as possible (names, descriptions, reactions)
• List any witnesses and what they saw or heard
• Save copies of any complaint forms or HR communications
• Take photos of physical evidence when appropriate

This documentation is also useful if you later need to show a pattern of harassment, as discussed in steps to file a workplace discrimination claim.

How to Support Your Mental Health

Customer harassment can impact your emotional well-being. Don’t hesitate to seek support.

Ways to care for yourself:

• Talk with trusted coworkers or friends about your experience
• Consider professional counseling or therapy
• Take breaks when needed to recover from stressful encounters
• Explore resources for coping with trauma, like coping with trauma from workplace sexual harassment

Remember, your feelings are valid, and you deserve a safe workplace.

What If Your Employer Ignores the Problem?

If your employer dismisses, ignores, or retaliates against you for reporting customer harassment, California law gives you additional legal options. You may be able to:

• File a complaint with the California Civil Rights Department (CRD, formerly DFEH)
• Seek damages in a civil lawsuit
• Report retaliation, which is itself illegal under California law

For more, review legal protections against retaliation for reporting harassment.

Damages and Compensation

Victims of customer sexual harassment in California may be entitled to compensation for:

• Lost wages or benefits if harassment led to missed work or termination
• Emotional distress and mental anguish
• Medical or counseling expenses
• Legal fees and costs

Learn more about common damages in wrongful termination lawsuits if your employment ended as a result.

Preventing Customer Harassment

Employers can take steps to reduce risk:

• Post clear signage about anti-harassment policies
• Train employees on de-escalation techniques
• Empower staff to refuse service to abusive customers
• Regularly review and update harassment policies

For further reading, see how to create a safe workplace environment.

Legal Deadlines in California

You typically have three years from the last incident to file a harassment complaint with the CRD, but acting sooner is recommended. If you wait too long, you may lose your right to legal relief.

For more on time limits and steps to take, visit how to report workplace sexual harassment or assault.

When to Contact an Attorney

If you feel unsafe at work or your employer fails to take action, getting legal help is a smart move. An employment attorney can explain your options, help with complaints, and protect your rights against retaliation or wrongful termination.

For related legal support, see your rights under disability discrimination laws and how to recover unpaid wages if harassment affected your pay.

Frequently Asked Questions about Handling Sexual Harassment by Customers at Work

Does California law protect me from sexual harassment by customers? Yes. Under California’s Fair Employment and Housing Act (FEHA), employers must protect workers from sexual harassment by non-employees, including customers, clients, and vendors.

What should I do if a customer harasses me at work? Document the incident, report it to your employer or HR, and keep copies of your complaint. If your employer fails to act, you may file a complaint with the California Civil Rights Department (CRD).

Can my employer fire me for reporting customer harassment? No. Retaliation for reporting sexual harassment, including harassment by customers, is illegal in California.

How long do I have to file a harassment complaint in California? Generally, you have three years from the last incident to file a complaint with the Civil Rights Department. However, acting sooner is advisable.

What compensation can I receive for customer sexual harassment at work? You may be eligible for lost wages, emotional distress damages, and other costs if you suffered harm due to your employer’s failure to act.

We’re Here to Support You

You should never have to endure sexual harassment from customers at work. If you have experienced this in California, Attain Law attorneys are ready to guide you, answer your questions, and help you protect your rights. Call (888) 970-8627 or contact us today for a free consultation.