Can You Sue a Company for Sexual Harassment by a Customer or Vendor?

Sexual harassment at work is never acceptable. It should never happen to anyone. While most people generally think of sexual harassment as coming from a boss or coworker, it can also come from outside the company. Workers are often sexually harassed by customers, clients, vendors, or other third parties. Because of the complexity of these situations, many employees feel stuck in these situations, wondering if they have any rights at all.  

It’s natural to not want to upset the balance at work. You may not want to insult a customer, ruin a vendor relationship, or lose your job, but know this: you have the right to speak out if you have been harassed at work. What’s more is that your employer is legally required to take reasonable measure to protect you from sexual harassment, no matter who the harasser is. If your company ignores or minimizes this harassment, you may have grounds to open a lawsuit. 

If you are ever unsure, contact a sexual harassment lawyer to tell them your story. 

What Counts as Sexual Harassment? 

Sexual harassment includes any unwelcome sexual conduct that creates a hostile, intimidating, or abusive work environment. It doesn’t matter whether the harassment comes from a manager, a coworker, or a customer. The simple rule of thumb is that if it makes your workplace unsafe or degrading, it may be illegal. 

Examples of sexual harassment by customers or vendors include: 

• Repeated sexual comments, jokes, or innuendos. 
• Unwanted touching, hugging, or brushing against you. 
• Requests for sexual favors in exchange for better treatment or continued business. 
• Staring, gestures, or lewd looks that make you feel uncomfortable. 
• Sending sexual texts, emails, or explicit images. 

Even a single incident may qualify if it is severe. It doesn’t have to be ongoing to be grounds for legal action. It’s best to act after the first instance; do not let things go on longer than they need to. 

You Have Rights as an Employee

You have the right to a workplace free from sexual harassment. This right is protected under federal law via Title VII of the Civil Rights Act of 1964. There are also protections afforded to you by the New York State Human Rights Law and the New York City Human Rights Law. 

These laws apply even when the harassment is committed by someone outside your company. That means if a customer, vendor, contractor, or client harasses you and your employer does nothing, your employer may be liable. 

Your Employer Also Has a Duty to Protect You 

Employers have a legal obligation to prevent and stop sexual harassment, no matter the source. That duty includes: 

• Having clear anti-harassment policies in place. 
• Training employees on how to report harassment. 
• Providing a safe, confidential reporting process. 
• Investigating complaints quickly and fairly. 
• Taking action against harassers, including banning customers or ending contracts with vendors if necessary. 

If your company chooses to protect its business relationships over your safety, it may be violating the law. This is when you should act. Do not rely on human resources to do what is right. Instead, get in touch with a personal injury attorney who can advise you of your rights and let you know what can legally be done. 

What You Should Do If You’re Sexually Harassed

If you’ve been harassed by a customer or vendor, here are steps you can take: 

1. Document everything. Keep detailed notes about what happened, including dates, times, and witnesses. Save any texts, emails, or voicemails. 
2. Report the harassment. Follow your company’s reporting process, whether that’s to a supervisor, HR, or through a hotline. Make your complaint in writing if possible. 
3. Seek support. Talk to a trusted friend, counselor, or advocate. Sexual harassment can be emotionally devastating, and you deserve support. 
4. Contact an attorney. If your employer fails to act, retaliates against you, or dismisses your complaint, a lawyer can protect your rights and help you pursue justice. 

What Your Employer Should Have Done

When you report sexual harassment, your employer is legally required to: 

• Take your complaint seriously. 
• Investigate immediately and thoroughly. 
• Protect you from further harassment, even if that means ending a relationship with a customer or vendor. 
• Ensure you are not retaliated against for coming forward. 

If your company ignored your complaint, minimized your experience, or prioritized profits over your safety, they may be held liable in a lawsuit. 

Can You Sue Your Employer for Harassment by a Customer or Vendor?

Yes. If your employer fails to protect you from sexual harassment by a customer, client, or vendor, you may be able to file a lawsuit against them. Through a civil case, you may recover damages for: 

• Emotional distress and mental health treatment costs. 
• Lost wages if you were forced to quit or missed work. 
• Damage to your career or reputation. 
• Punitive damages in cases of extreme misconduct. 

Importantly, your employer cannot retaliate against you for filing a complaint or lawsuit. Retaliation is a separate violation of the law. 

We Are Advocates for Sexual Harassment Survivors

At Morelli Law Firm, we know how isolating sexual harassment can be, especially when it comes from a customer or vendor and your employer doesn’t have your back. You deserve safety, dignity, and respect in the workplace. 

Our attorneys have decades of experience holding employers accountable for sexual harassment, and we’ve secured billions of dollars for our clients, including a record-setting $95 million sexual harassment verdict, which is the largest single-plaintiff award in U.S. history. 

If you’ve been sexually harassed by a customer or vendor and your employer failed to protect you, you don’t have to face it alone. Call us today for a confidential evaluation.