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

You don’t have to tolerate sexual harassment from customers, clients, vendors, or any other non-employees. Under California’s Fair Employment and Housing Act (FEHA), your employer has a legal duty to protect you from third-party harassment—and can face serious consequences for failing to do so.

Many workers believe they must simply endure inappropriate behavior from customers or clients because “the customer is always right.” This is not true. California law recognizes that harassment from non-employees is just as harmful as harassment from coworkers or supervisors, and employers must take immediate action to stop it.

What Is Third-Party Sexual Harassment?

Third-party sexual harassment occurs when someone who is not employed by 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 or assault.

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)

California Law on Third-Party Harassment

California provides stronger protections against third-party harassment than federal law. Under Government Code § 12940(j)(1), employers are liable for harassment by non-employees if:

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

This means your employer cannot ignore complaints about customer or client harassment. Once notified, they must act quickly to protect you.

How California Law Differs from Federal Law

Federal law under Title VII is less clear about employer liability for third-party harassment. California’s FEHA explicitly includes non-employee harassment and places a clear duty on employers to prevent and correct it. This makes California one of the most protective states for workers facing harassment from customers, clients, or vendors.

Employer’s Duty to Protect Employees

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.

Common Third-Party Harassment Scenarios by Industry

Restaurant and Food Service

  • Customer grabs server’s buttocks while ordering
  • Patron makes repeated sexual comments about bartender’s body
  • Customer propositioning host for dates or sexual favors
  • Client making lewd gestures at catering staff

Retail

  • Shopper making sexually explicit comments to cashier
  • Customer following sales associate around store making advances
  • Client sending sexually explicit texts to personal shopper
  • Customer asking employee for dates despite repeated refusals

Healthcare

  • Patient groping nurse during examination
  • Patient making sexual comments about doctor’s appearance
  • Visitor propositioning home health aide
  • Patient exposing themselves to medical assistant

Professional Services

  • Client propositioning accountant during tax preparation
  • Legal client making unwanted advances toward paralegal
  • Consulting client sending sexually explicit emails to consultant
  • Financial advisor’s client requesting sexual favors

Construction and Trades

  • General contractor harassing subcontractor’s employee
  • Property owner making advances toward tradesperson
  • Contractor from another company making sexual comments on job site
  • Building inspector making inappropriate remarks

Office Settings

  • Vendor representative making unwanted physical contact with receptionist
  • Sales rep sending sexually suggestive messages to purchasing manager
  • IT consultant making sexual jokes during service calls
  • Delivery driver asking employee for personal phone number repeatedly

Hospitality

  • Hotel guest propositioning front desk clerk
  • Conference attendee harassing event staff
  • Guest making explicit comments to housekeeping
  • Wedding guest groping catering server

Property Management

  • Tenant making sexual advances toward leasing agent
  • Maintenance contractor harassing property manager
  • Visitor following building manager making inappropriate comments
  • Resident sending sexually explicit texts to office staff

Transportation

  • Passenger harassing Uber/Lyft driver
  • Delivery recipient making advances toward courier
  • Client groping in-home service provider
  • Customer harassing rideshare employee

Education

  • Parent making unwanted advances toward teacher
  • Vendor representative harassing school administrator
  • Visiting speaker making inappropriate comments to staff
  • Contractor working on campus harassing custodian

Beauty and Personal Care

  • Salon client touching hairstylist inappropriately
  • Spa customer propositioning massage therapist
  • Gym member harassing personal trainer
  • Client making sexual comments during nail service

Home Services

  • Homeowner propositioning house cleaner
  • Client harassing in-home nurse or caregiver
  • Property owner making advances toward landscaper
  • Customer groping pet groomer

Entertainment and Arts

  • Client harassing photographer during shoot
  • Venue guest making advances toward performer
  • Patron propositioning museum docent
  • Audience member harassing event coordinator

Technology and IT

  • Client touching IT technician during on-site service
  • Customer sending explicit messages to support staff
  • Vendor making sexual jokes during sales presentation
  • Consultant receiving unwanted advances from client contact

Financial Services

  • Bank customer propositioning teller
  • Client making sexual comments to loan officer
  • Insurance customer harassing claims adjuster
  • Investment client sending inappropriate messages to advisor

What Employers Must Do When Notified

Once you report third-party harassment, your employer must take “immediate and appropriate corrective action.” This varies depending on the circumstances but may include:

  • Investigating your complaint promptly and thoroughly
  • Speaking to the harasser and warning them that 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 if you agree)
  • 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 specific action required depends on factors like the severity of the harassment, the employer’s ability to control the third party’s conduct, and the nature of the business relationship.

The “Immediate and Appropriate” Standard

California courts evaluate whether an employer’s response was sufficient by asking:

  1. How quickly did the employer act? Delays of days or weeks may be unreasonable.
  2. Was the action effective? Did it stop the harassment from continuing?
  3. Was it proportional to the severity? Serious harassment requires serious response.
  4. Did the employer have control? Employers must do what they reasonably can given their relationship with the third party.

For example, if a customer gropes an employee, a verbal warning to the customer is likely insufficient. The employer should ban the customer from the premises and may need to involve law enforcement.

When Can an Employer Ban a Customer or Client?

Employers have the right to refuse service to customers or clients who harass employees. California law does not require businesses to tolerate harassing behavior, even from paying customers.

Many employers worry about losing revenue by banning customers. However, the cost of defending a harassment lawsuit and potential damages far exceeds the value of any single customer relationship. Additionally, failing to protect employees can lead to turnover, decreased morale, and difficulty recruiting staff.

An employer should ban a customer or client when:

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

Your Right to Refuse Service

In California, you have the right to refuse to serve a customer or client who has 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, or terminating you—this is illegal retaliation under FEHA. You can file a complaint with the California Civil Rights Department (CRD) or pursue a lawsuit.

How to Report Third-Party Harassment

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

  1. Tell the harasser to stop if you feel safe doing so. A clear rejection can sometimes end the behavior.
  2. Report it to your supervisor or manager immediately. Provide specific details about what happened, when, where, and who was involved.
  3. Document the incident by writing down what occurred, including dates, times, witnesses, and what you said.
  4. Follow your employer’s reporting procedures if they have a written policy (usually in the employee handbook).
  5. Report it again if nothing changes. Escalate to HR, upper management, or corporate headquarters if your immediate supervisor doesn’t act.
  6. Keep records of your reports and your employer’s response (or lack thereof).

What to Do If Your Employer Doesn’t Protect You

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

  1. Document the failure: Keep records showing you reported the harassment and the employer did nothing or took inadequate action.
  2. Report internally again: Try escalating to a higher level of management or HR.
  3. File a complaint with the CRD: You can file a complaint with the California Civil Rights Department within three years of the harassment. Visit calcivilrights.ca.gov or call 800-884-1684.
  4. Consult an employment attorney: A lawyer can evaluate your case and advise you on legal options, including filing a lawsuit.
  5. Consider filing a police report: If the harassment involved physical assault, threats, or stalking, contact law enforcement.

Proving a Third-Party Harassment Claim

To succeed in a third-party harassment claim under FEHA, you generally need to prove:

  1. You were subjected to harassment: The conduct was unwelcome and sexual in nature.
  2. The harassment was severe or pervasive: It created a hostile work environment or affected your employment.
  3. Your employer knew or should have known: You reported it, or it was obvious enough that the employer should have noticed.
  4. Your employer failed to act: The employer took no action or inadequate action to stop the harassment.
  5. You suffered harm: The harassment caused emotional distress, economic loss, or other damages.

Evidence that can support your claim includes:

  • Your testimony about what happened
  • Witness statements from coworkers who saw or heard the harassment
  • Documentation of your complaints to management
  • Records of the employer’s response (or lack thereof)
  • Messages or communications from the harasser (texts, emails, social media)
  • Video footage if available (security cameras, phone recordings)
  • Medical or therapy records showing emotional distress
  • Expert testimony about industry standards for handling third-party harassment

Damages You Can Recover

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

  • Economic damages: Lost wages, lost benefits, future earning capacity
  • Emotional distress damages: Compensation for anxiety, depression, humiliation, and trauma
  • Punitive damages: Additional damages to punish the employer for egregious conduct (if applicable)
  • Attorney’s fees and costs: The employer may have to pay your legal expenses if you win

California does not cap damages in FEHA harassment cases, unlike some other states or federal law.

Real-World Examples

Restaurant Server Case

A server at a popular restaurant repeatedly reported that a regular customer was making sexual comments about her body and touching her inappropriately when she delivered food. Management told her the customer “spends a lot of money” and she should “just avoid him.” After the customer groped her, she filed a lawsuit. The court found the employer liable because they knew about the harassment and failed to ban the customer or take any protective action.

Healthcare Worker Case

A home health nurse reported that a patient’s adult son made sexual advances and exposed himself during her visits. The agency told her to “be professional” and continued assigning her to the home. After she was assaulted, she sued. The employer was found liable for failing to reassign her or discontinue service to the patient after being notified of the harassment.

Retail Employee Case

A sales associate at a clothing store complained that a vendor representative touched her inappropriately and made sexual comments during his weekly visits. The store manager spoke to the vendor’s supervisor, who promised to address it. When the harassment continued, the manager documented the incidents and terminated the vendor relationship. The employee did not pursue legal action because the employer took appropriate corrective action.

Construction Worker Case

A female electrician reported that a general contractor’s foreman made sexual jokes and propositioned her repeatedly on a job site. Her employer (the electrical subcontractor) complained to the general contractor, who dismissed the claims. Her employer then pulled her from the job site and refused to work with that general contractor again. While the worker lost hours, the employer’s response was deemed appropriate because they removed her from the hostile environment and ended the business relationship.

Office Receptionist Case

A receptionist complained that a delivery driver asked her out repeatedly and made comments about her appearance despite her clear rejections. Management spoke to the driver, but he continued the behavior. The employer then contacted the delivery company and requested a different driver for their route. The delivery company complied, and the harassment stopped. This was considered appropriate corrective action.

Hotel Worker Case

A front desk clerk at a hotel reported that a guest made explicit sexual comments and followed her to the parking lot after her shift. Hotel security reviewed footage, confirmed the incident, and permanently banned the guest from the property. Management also adjusted the clerk’s schedule so she wouldn’t leave alone at night. The swift and comprehensive response prevented legal liability.

Frequently Asked Questions

Can my 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 FEHA. If your employer fires or disciplines you for refusing to serve a harasser, this is illegal retaliation. You can file a complaint with the CRD or sue for wrongful termination.

What if the harassment happens outside work hours but is work-related?

Third-party harassment can still be actionable even if it occurs outside normal work hours or off company property, as long as it’s connected to your employment. For example, if a client harasses you at a work conference, during a business dinner, or via work-related emails or texts, your employer still has a duty to address it.

Does my employer have to ban the customer immediately?

Not necessarily. The employer must take “immediate and appropriate” action, which depends on the severity of the harassment. A single offensive comment might warrant a warning, while physical groping or assault would require immediately banning the customer and potentially involving law enforcement.

What if I’m an independent contractor—am I protected?

California law extends harassment protections to independent contractors in some circumstances. If you’re an independent contractor experiencing harassment by a client or customer in connection with your work, consult an employment attorney to determine if you have legal protections.

Can I sue the customer directly for harassment?

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

Related Topics

Legal Disclaimer

This article provides general information about third-party sexual harassment law in California and is not legal advice. Every situation is unique, and employment law is complex. If you’ve experienced harassment by a customer, client, or vendor and your employer has not protected you, consult a qualified California employment attorney to discuss your specific circumstances and legal options. This article does not create an attorney-client relationship.