Sexual harassment does not always come from a boss or coworker. A client, customer, vendor or other third party can also make your workday uncomfortable or unsafe. You may face sexual jokes, comments about your body, unwanted messages or repeated requests for dates.
When this happens, you may wonder whether the conduct violates workplace laws. The answer depends on the facts. A client’s conduct can become a workplace issue when it is unwelcome, based on sex and affects your ability to do your job.
When client conduct may cross the line
Federal and state anti-discrimination laws may protect you from sexual harassment by people outside your company. Your employer may have duties to respond when it knows, or reasonably should know, about potentially unlawful conduct.
Several facts can help show whether a client’s behavior creates a hostile work environment:
- What the client said or did: Sexual comments, unwanted touching, suggestive messages and repeated invitations can raise concerns.
- How often it happened: A pattern of conduct may carry more weight than one isolated remark, though a single incident can still matter in some situations.
- How the conduct affected your work: The behavior may be more serious if it distracts you, causes fear or makes it harder for you to perform your job.
- What your employer knew: Reporting the conduct can help show that the company had notice of the problem.
- How your employer responded: An employer may need to take prompt, appropriate steps to address the situation.
The proper response can depend on the employer’s control over the client relationship and the workplace. For example, an employer might reassign the account, limit contact with the client or set clear boundaries for future interactions.
Your employer’s response matters
Your employer does not have to accept harmful client behavior as part of doing business. When you report a problem, the company should evaluate the situation and take reasonable steps to stop unlawful harassment.
Keep records of what happened, including dates, messages and the names of people who witnessed the conduct. You may also want to save copies of written reports you send to a supervisor or human resources.
Legal assistance can help you look at what happened, identify the workplace protections that may apply and consider your next steps. Speaking with an attorney early may also help you avoid missing an important filing deadline.
You deserve respect at work
A client does not need to work for your company to affect your workplace rights. If sexual conduct from a client becomes part of your working conditions, you may have options. An employment attorney can review the facts, explain the protections that may apply and help you assess your next steps.
