Third-Party Sexual Harassment in Texas: Your Rights When Customers, Clients, or Vendors Harass You

You don’t have to tolerate sexual harassment from customers, clients, vendors, or other non-employees. Under federal law, your employer has a legal duty to protect you from third-party sexual harassment—even though Texas doesn’t have its own state law specifically addressing this issue.

Many Texas workers believe they must simply endure inappropriate behavior from customers because “the customer is always right” or because they work in a service industry where tips depend on customer satisfaction. This is not true. Federal law recognizes that harassment from non-employees is just as harmful as harassment from coworkers, and employers can face serious legal consequences for failing to stop it.

What Is Third-Party Sexual Harassment?

Third-party sexual harassment in Texas occurs when someone who doesn’t work for your company engages in unwelcome sexual conduct toward you in the workplace. This includes verbal, physical, or visual harassment that creates a hostile work environment or affects your ability to do your job.

The harassment must be severe or pervasive enough that a reasonable person would find the work environment hostile, intimidating, or offensive. A single incident can qualify if it’s sufficiently severe, such as groping, assault, or explicit sexual propositions.

Who Counts as a “Third Party”?

Third parties include anyone who is not your employer or coworker but interacts with you in a work-related context:

Customers and clients: People who purchase goods or services from your employer
Vendors and suppliers: Representatives from companies your employer does business with
Independent contractors: Workers hired by your employer who are not employees
Delivery drivers: UPS, FedEx, DoorDash, or other delivery personnel
Consultants: Outside professionals hired for specific projects
Repair technicians: People who come to your workplace to fix equipment
Sales representatives: Vendors trying to sell products to your company
Patients (in healthcare settings)
Students or parents (in educational settings)
Tenants or visitors (in property management)
Event attendees (at conferences, trade shows, or hospitality venues)

Texas Law on Third-Party Harassment: The Reality

Here’s what Texas workers need to understand: Texas has no separate state law that specifically addresses third-party sexual harassment. Your protections come from federal Title VII law, not the Texas Commission on Human Rights Act (TCHRA).

While TCHRA prohibits sexual harassment as a form of sex discrimination, it essentially mirrors federal Title VII law. Texas courts apply federal standards when evaluating third-party harassment claims. This means the protection available to Texas workers is generally weaker than in states like California or New York, which have broader state-level protections.

Federal Title VII Standard for Third-Party Harassment

Under Title VII, employers can be held liable for harassment by non-employees if:

The employer (or its supervisors) knew or should have known about the harassment, AND
The employer failed to take immediate and appropriate corrective action

The key difference between employee-to-employee harassment and third-party harassment is the level of control your employer has. Courts recognize that employers have less control over customers and clients than over their own employees. However, this doesn’t mean employers can ignore the problem.

Less Protection Than Employee-to-Employee Harassment

Texas workers facing third-party harassment have less legal protection than those harassed by coworkers or supervisors. Here’s why:

With coworker harassment, your employer has direct control and can discipline or fire the harasser. Courts hold employers to a high standard.

With third-party harassment, your employer may not be able to control the harasser’s behavior as easily. Courts evaluate what the employer could reasonably do given the circumstances.

For example, an employer can fire a harassing employee but can only refuse service to a harassing customer. If the harasser is a client who provides significant revenue, employers may be more reluctant to take action—though this doesn’t excuse inaction when harassment is serious.

Common Third-Party Harassment Scenarios in Texas

Restaurant and Food Service

Texas has a massive food service industry where third-party harassment is common:

Customer at a barbecue restaurant repeatedly touching server’s arms or waist
Bar patron making sexual comments about bartender’s appearance
Regular customer at a diner propositioning waitress for dates despite repeated refusals
Client at catered event grabbing catering staff inappropriately

Retail

From Houston’s Galleria to San Antonio’s River Walk shops:

Shopper making sexually explicit comments to cashier at clothing store
Customer following sales associate around store making unwanted advances
Client sending sexually suggestive texts to personal shopper
Buyer at car dealership making inappropriate comments to salesperson

Healthcare

Texas healthcare workers frequently face third-party harassment:

Patient in Dallas hospital groping nurse during examination
Patient at Houston clinic making sexual comments about doctor’s body
Home health aide in Austin facing advances from patient’s family member
Medical assistant dealing with patient who exposes themselves

Oil & Gas and Construction

Industries prominent in Texas:

Landowner making advances toward surveyor on remote property
Client representative harassing engineer at refinery site
General contractor harassing subcontractor’s employee on construction site
Property owner propositioning contractor doing home repairs

Hospitality and Tourism

Major industry in cities like Austin, Dallas, and San Antonio:

Hotel guest in downtown Dallas propositioning front desk clerk
Conference attendee at Austin Convention Center harassing event staff
Guest at San Antonio resort making explicit comments to housekeeping
Tourist harassing tour guide

Professional Services

Common in Texas business centers:

Law firm client making unwanted advances toward paralegal
Accounting client propositioning CPA during tax season
Real estate client harassing agent during property showings
Financial services client sending sexual messages to advisor

Transportation and Delivery

Particularly relevant in Texas’s spread-out cities:

Rideshare passenger harassing Uber/Lyft driver in Houston traffic
Delivery recipient making advances toward courier
Customer at pickup location harassing delivery driver
Warehouse client representative making inappropriate comments to logistics worker

Education

Texas’s large education sector:

Parent at Dallas ISD school making advances toward teacher
Vendor at school district harassing administrator
Coach from visiting school harassing staff at athletic event
Contractor on campus making inappropriate comments to custodian

Employer’s Duty to Protect Employees

Under federal law applied in Texas, your employer has a legal obligation to:

Maintain a harassment-free workplace for all employees, including protection from third parties
Investigate complaints promptly when you report harassment by a customer, client, or vendor
Take immediate corrective action to stop the harassment and prevent it from recurring
Not retaliate against you for reporting third-party harassment or refusing to interact with a harasser
Train supervisors and managers on how to respond to third-party harassment complaints

Employers cannot simply tell you to “deal with it” or that “it comes with the job.” They must take concrete steps to protect you based on what’s reasonably within their control.

What Employers Must Do When Notified

Once you report third-party harassment in Texas, your employer must take “immediate and appropriate corrective action.” What’s considered “appropriate” depends on several factors:

The severity of the harassment: Physical assault requires more serious response than a single offensive comment
The employer’s relationship with the harasser: More control over vendors than random customers
The frequency of contact: Regular client vs. one-time customer
Business impact: Balancing employee safety against business relationships (employee safety should win)

Appropriate actions may include:

Investigating your complaint promptly and thoroughly
Speaking to the harasser and warning them the behavior is unacceptable
Banning the customer or client from the premises or refusing future business
Reassigning you to avoid contact with the harasser (only with your consent)
Providing security or supervision when the third party is present
Ending the business relationship with the harassing vendor or contractor
Documenting the incident and the corrective action taken
Following up with you to ensure the harassment has stopped

The “Knew or Should Have Known” Standard

Your employer can only be held liable if they knew or should have known about the harassment. This means:

You generally must report it. Unlike supervisor harassment (where the employer may be automatically liable), you typically need to tell your employer about third-party harassment to trigger their duty to act.

Obvious harassment counts too. If the harassment happened in front of a manager or was so open that supervisors should have noticed, you may not need a formal complaint.

Documentation matters. Making a clear, written complaint creates evidence that the employer knew about the harassment.

When Can an Employer Refuse Service in Texas?

Texas is a business-friendly state, but employers still have the right—and sometimes the legal obligation—to refuse service to customers who sexually harass employees.

Texas businesses can refuse service to customers for any reason except illegal discrimination (race, religion, etc.). Sexual harassment is not a protected characteristic. Banning a harasser doesn’t violate any Texas law.

An employer should refuse service or ban a customer when:

The harassment is severe (groping, assault, explicit sexual propositions)
The harassment is repeated despite warnings
The employee feels unsafe serving the customer
The harassment creates a hostile work environment

The business concern excuse doesn’t work in court. Many Texas employers worry about losing revenue by banning customers. However, courts don’t accept “we didn’t want to lose the customer’s business” as a valid reason for failing to protect employees from harassment. The cost of defending a lawsuit far exceeds most customer relationships.

Your Right to Refuse Service in Texas

In Texas, you have the right to refuse to serve a customer or client who has sexually harassed you. Your employer cannot force you to continue interacting with someone who has subjected you to sexual harassment.

If your employer retaliates against you for refusing to serve a harasser—such as disciplining you, reducing your hours, cutting your tips, or terminating you—this is illegal retaliation under federal Title VII law.

Texas is an at-will employment state, which means employers can generally fire workers for any reason. But retaliation for opposing sexual harassment is an illegal reason, even in Texas.

How to Report Third-Party Harassment in Texas

If you experience harassment from a customer, client, or vendor:

Tell the harasser to stop if you feel safe doing so. Be clear and direct: “That comment is inappropriate. Please stop.”
Report it to your supervisor or manager immediately. In Texas’s employer-friendly legal climate, reporting is crucial. Provide specific details: what happened, when, where, and who witnessed it.
Put it in writing. Follow up your verbal report with an email or written complaint. Keep a copy. Texas courts place heavy weight on documentation.
Follow your employer’s reporting procedures if they have a written policy (check your employee handbook).
Report it again if nothing changes. Escalate to HR, upper management, or corporate headquarters if your immediate supervisor doesn’t act.
Document everything. Texas juries can be skeptical of employee claims. You need solid documentation: dates, times, witnesses, what was said, what you reported, and the employer’s response.

Filing Deadlines in Texas

Critical timing issue: Texas has shorter deadlines than many states.

You must file a complaint with the EEOC (federal agency) or TWC (Texas Workforce Commission) before you can file a lawsuit.

EEOC (Federal) Filing Deadline:

300 days from the last incident of harassment
File online at eeoc.gov

TWC (State) Filing Deadline:

180 days from the last incident
File online at twc.texas.gov

Strategy for Texas workers: File with the EEOC to preserve your rights under the longer 300-day deadline. Many Texas workers miss the shorter 180-day TWC deadline because they don’t know about it.

If the harassment is ongoing, the deadline runs from the last incident, not the first. But don’t wait—memories fade, witnesses leave, and evidence disappears.

What You Need to Prove

To succeed in a third-party harassment claim in Texas, you need to prove:

You were subjected to unwelcome sexual harassment: The conduct was sexual in nature and you didn’t invite it or participate willingly.
The harassment was severe or pervasive: It created a hostile work environment. One severe incident (assault) can be enough, or repeated less-severe incidents over time.
Your employer knew or should have known: You reported it, or it was obvious enough that supervisors should have noticed.
Your employer failed to take appropriate action: The employer did nothing, acted too slowly, or took action that didn’t stop the harassment.
You suffered harm: The harassment caused emotional distress, economic loss, or other damages.

Evidence That Helps Your Case

Strong evidence in Texas courts:

Written complaints to management or HR with dates and details
Text messages or emails from the harasser
Witness statements from coworkers who saw or heard the harassment
Video footage if available (security cameras, phone recordings)
Medical or therapy records showing emotional distress
Documentation of your employer’s inadequate response
Proof of economic harm (lost wages, reduced tips, lost job)

Evidence that hurts your case in Texas:

Long delays in reporting (Texas courts are skeptical of old claims)
Participating in sexual banter or jokes with the harasser
Continuing to socialize with the harasser voluntarily
No documentation or witnesses
Inconsistent statements about what happened

Damages Available in Texas

If you prove your employer failed to protect you from third-party harassment, you may recover:

Economic Damages:

Lost wages and benefits
Lost tips (important in Texas service industries)
Future earning capacity
Job search costs

Non-Economic Damages:

Emotional distress
Mental anguish
Humiliation
Damage to reputation

Punitive Damages:
Title VII caps punitive damages based on employer size:

15-100 employees: $50,000 cap
101-200 employees: $100,000 cap
201-500 employees: $200,000 cap
501+ employees: $300,000 cap

Other Relief:

Reinstatement
Promotion
Attorney’s fees (if you win)

Reality check for Texas workers: Damages in Texas tend to be lower than in states like California or New York. Texas juries are often conservative and employer-friendly. Federal courts in Texas have historically been less generous to employees than state courts in more employee-friendly states. However, serious harassment cases with strong evidence can still result in substantial awards.

Real-World Texas Examples

Houston Restaurant Server

A server at a popular Houston seafood restaurant repeatedly reported that a regular customer touched her inappropriately and made explicit sexual comments. Management told her the customer “spends thousands here” and to “just smile and be professional.” After the customer groped her while she delivered drinks, she filed an EEOC complaint. The restaurant settled after the EEOC investigation confirmed the employer knew about the harassment for months and took no action to protect her.

Dallas Hotel Front Desk Clerk

A front desk clerk at a downtown Dallas hotel complained that a guest made explicit sexual propositions and followed her to the parking garage after her shift. Hotel security reviewed footage, confirmed the incident, permanently banned the guest, and changed her schedule to ensure she had security escort to her car. Because the employer took immediate, appropriate action, no lawsuit was filed.

Austin Retail Worker

A sales associate at an Austin boutique reported that a vendor representative touched her inappropriately during weekly visits. The store manager documented the incidents and contacted the vendor company, which promised to address it. When the behavior continued, the store terminated the vendor relationship entirely. The employee didn’t pursue legal action because the employer ultimately protected her, though the initial delay could have created liability.

San Antonio Healthcare Worker

A home health nurse working for a San Antonio agency reported that a patient’s adult son made sexual advances and touched her inappropriately during visits. The agency told her to “maintain professional boundaries” and continued assigning her to the home. After she was assaulted, she filed an EEOC complaint. The case settled, with the agency required to implement new policies for protecting home healthcare workers from third-party harassment.

Fort Worth Construction Worker

A female electrician on a Fort Worth job site reported that a general contractor’s foreman made sexual comments and propositioned her repeatedly. Her employer (the electrical subcontractor) complained to the general contractor, who dismissed the claims. Her employer removed her from that job site and refused future work with that general contractor. While she lost hours, a court later found the employer’s response reasonable because they removed her from the hostile environment and severed the business relationship.

Comparison to States with Stronger Protections

Texas provides less protection against third-party harassment than many other states:

California: FEHA explicitly addresses third-party harassment and has lower liability thresholds. Employers must act to prevent harassment, not just respond after it happens. Smaller employers are covered (5+ employees vs. 15+ in Texas).

New York: New York Human Rights Law prohibits third-party harassment with broad coverage and strong anti-retaliation protections. Mandatory training includes how to address third-party harassment.

Illinois: Illinois Human Rights Act covers third-party harassment with explicit provisions and stronger enforcement mechanisms than federal law.

Texas: Relies entirely on federal Title VII standards. No separate state law protections. Shorter filing deadlines. Employer-friendly court system.

For Texas workers, this means you need to be proactive, document thoroughly, and act quickly when third-party harassment occurs.

What to Do If Your Employer Doesn’t Protect You

If your Texas employer fails to take appropriate action after you report third-party harassment:

Document the failure: Keep detailed records showing you reported the harassment and the employer did nothing or took inadequate action.
Report internally again: Escalate to higher management, HR, or corporate headquarters. Put it in writing.
File with the EEOC within 300 days: Don’t wait for your employer to fix the problem. File online at eeoc.gov or call 1-800-669-4000.
Consider filing with TWC: File within 180 days at twc.texas.gov (though EEOC filing is usually sufficient).
Consult a Texas employment attorney: Many offer free consultations. They can evaluate your case and advise on legal options.
File a police report if appropriate: If the harassment involved assault, threats, or stalking, contact local law enforcement.

Industry-Specific Considerations for Texas Workers

Service Industry Workers

Texas has a massive service sector where workers depend on tips. If you’re a server, bartender, or other tipped employee, you may worry that refusing to serve a harassing customer will cost you income. Your employer cannot require you to serve someone who sexually harassed you, even if it affects tips. If you’re disciplined or fired for refusing, this is illegal retaliation.

Oil & Gas Industry

Texas energy industry workers may face harassment from clients, landowners, or contractors on remote job sites. Document everything, report to your employer immediately, and don’t assume harassment is “part of the culture.” Federal law applies even in male-dominated industries.

Healthcare Workers

Texas healthcare workers have some of the highest rates of third-party harassment. Hospitals and home health agencies must protect you from patient harassment. “It’s part of the job” is not a legal defense.

Hospitality Workers

Hotel, restaurant, and event workers face frequent third-party harassment. Texas hospitality employers must ban harassing guests and cannot force you to serve them.

Frequently Asked Questions

Can my Texas employer fire me for refusing to serve a customer who harassed me?

No. Refusing to interact with someone who sexually harassed you is protected activity under federal Title VII law. If your employer fires or disciplines you for refusing to serve a harasser, this is illegal retaliation—even in at-will Texas.

What if I work for a small business with fewer than 15 employees?

Federal Title VII and TCHRA only apply to employers with 15 or more employees. However, you may still have options. Some Texas cities (Austin, Dallas, San Antonio) have local ordinances covering smaller employers. You may also have civil claims against the harasser directly (assault, battery, intentional infliction of emotional distress).

Does the harassment have to happen on company property?

No. Third-party harassment can be actionable even if it occurs off-site, as long as it’s connected to your employment. For example, if a client harasses you at a work conference, during a business dinner, via work-related calls or emails, or while you’re making a delivery, your employer still has a duty to address it.

What if the harasser is a major client or customer?

The size or importance of the client doesn’t change your employer’s legal duty. Courts don’t accept “we couldn’t afford to lose their business” as a valid reason for failing to protect employees. If the harassment is serious, your employer must act—even if it means losing a valuable client.

How does third-party harassment differ from coworker harassment in Texas?

The main difference is the level of control your employer has. With coworker harassment, the employer can directly discipline or fire the harasser. With third-party harassment, the employer can only do what’s reasonably within their control (like banning a customer or ending a vendor relationship). Texas courts evaluate employer liability based on what action was reasonable given the circumstances.

Can I sue the customer or client directly in Texas?

Yes. In addition to holding your employer liable under federal harassment law, you may be able to sue the harasser directly for assault, battery, intentional infliction of emotional distress, or other civil claims under Texas tort law. An employment attorney can advise you on all available options.

Get Help Now

Third-party sexual harassment is serious. You don’t have to tolerate it just because the harasser isn’t your coworker.

Act quickly. The 300-day EEOC deadline (and 180-day TWC deadline) passes faster than you think. Don’t let your legal rights expire because you waited too long to file.

Document everything. Texas courts value hard evidence. Keep detailed records of incidents, reports, and your employer’s response.

Talk to a lawyer. Many Texas employment attorneys offer free consultations. They can evaluate your specific situation and help you understand your options.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice specific to your situation, consult a qualified Texas employment attorney. This article does not create an attorney-client relationship. Employment Law Aid is not a law firm and does not provide legal representation.

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