Restaurant workers frequently interact with the same customers day after day, and while most of these relationships stay professional, some regulars cross the line into unwanted advances, inappropriate comments, or persistent pursuit despite clear discomfort from the employee. California law requires employers to take reasonable steps to protect employees from harassment, even when the harasser is a customer rather than a coworker or supervisor. When management repeatedly looks the other way to avoid upsetting a paying customer, employees may have grounds for a harassment claim against their employer.
Why Employers Are Responsible for Third-Party Harassment
Under California’s Fair Employment and Housing Act, employers can be held liable for harassment committed by customers, vendors, or other non-employees if the employer knew or should have known about the conduct and failed to take appropriate corrective action. This means an employer can’t simply dismiss the issue by saying the harasser doesn’t work there. Employer obligations generally include:
- Taking employee complaints about customer conduct seriously
- Investigating reports of harassment, even from regular or valuable customers
- Taking corrective action, such as banning a customer or changing an employee’s assigned tables
- Ensuring employees aren’t punished or retaliated against for reporting the issue
Recognizing Patterns That Constitute Harassment
A single uncomfortable interaction may not rise to the level of unlawful harassment, but a repeated pattern often does, especially once an employee has voiced discomfort. Signs of a legally significant pattern include:
- Repeated unwanted comments, advances, or physical contact from the same customer
- Comments or gestures continuing after the employee has asked the behavior to stop
- Management being made aware of the conduct through complaints or direct observation
- No changes made to scheduling, seating, or customer interaction despite requests
- Pressure on the employee to simply tolerate the behavior to keep the customer happy
Building a Strong Claim
Because these situations often unfold over time and involve someone outside the company, clear documentation becomes especially important. Useful evidence includes:
- A written record of specific incidents, including dates and details
- Copies of any complaints submitted to management
- Notes on how management responded, or failed to respond
- Witness statements from coworkers who observed the behavior or complaints
- Any scheduling records showing continued exposure to the same customer
Remedies Available Through a Successful Claim
Employees who successfully pursue a harassment claim in this context may be entitled to:
- Compensation for emotional distress
- Back pay if the situation led to reduced hours or termination
- Punitive damages in cases involving particularly indifferent employer conduct
- Attorney’s fees and costs
- Policy changes at the workplace to prevent future harassment
Steps to Take If You’re Facing This Situation
If you’re dealing with unwanted advances from a customer and management isn’t stepping in, a few steps can help protect your position:
- Document each incident as it happens, including dates and specific details
- Submit complaints to management in writing whenever possible
- Keep copies of any responses, or lack of response, from supervisors
- Note any changes in your treatment after raising the issue
When Employers Look the Other Way
No one should have to tolerate repeated advances just to keep a customer happy. PLBH has helped service industry workers hold employers accountable when they fail to act. Reach out at (800) 435-7542 to discuss what you’ve experienced.