Sexual Harassment in the Workplace from Customers or Clients

 Posted on August 25, 2026 in Sexual Harassment

Most of us are more familiar with sexual harassment in the workplace coming from a co-worker or a boss. In many instances, sexual harassment in the workplace is from clients or customers of the business. This is more common among those in the hospitality industry, but it can also occur in many other industries.

A waitress could be sexually harassed by a customer, a grocery store cashier could be inappropriately touched by a customer, or a nurse could have a patient who constantly makes sexually inappropriate jokes. Sexual harassment by customers, clients, and patients occurs more often than most people would think.

Those who suffer the sexual harassment may be unsure whether their employer can be held liable in these instances. If you have been sexually harassed by a client, customer, or patient, it is important that you speak to an experienced Wheaton, IL sexual harassment lawyer as soon as possible after the incident.  

What is Third-Party Sexual Harassment?

Third-party sexual harassment is just another name for sexual harassment from someone besides an employer or coworker. It can be in the form of inappropriate comments, gestures, overt sexual touching, propositions, or repeatedly asking for a date despite being turned down. Employees who routinely deal with customers or clients may feel pressured to maintain courtesy even in the face of clearly inappropriate behavior. However, sexual harassment in the workplace is never okay, and the law prohibits it under the Illinois Human Rights Act.

Sexual Harassment is Illegal in Illinois, Even When It Comes From Customers or Clients

As with sexual harassment that comes from co-workers or bosses, a victim of third-party sexual harassment must show that the sexual conduct was unwelcome and that it was severe or pervasive enough that it created a hostile work environment. A victim of sexual harassment must show that his or her employer knew – or should have known – that the sexual harassment was occurring and failed to take appropriate actions to stop the sexual harassment.

This means that a person who is sexually harassed by a client or customer must notify his or her employer, giving the employer the opportunity to address the issue with the customer or client. The employer will likely investigate the claim and should, at the very least, ask the customer or client to stop the behavior. In other words, employers must be given the opportunity to fix the problem before the employer can be held liable.

It can be more difficult to obtain evidence of sexual harassment when the sexual harasser is a client or customer. Managers or bosses may not want to confront a customer or client in the same way they might speak to another employee. That being said, retaliation by an employer is illegal after an employee tells the manager sexual harassment is occurring.  

What Does Sexual Harassment by a Customer Look Like?

Sexual harassment does not have to come from a boss or coworker. Customers and clients can sexually harass employees, too.

For example:

• A restaurant customer might repeatedly make sexual comments to a server or touch her after she has told him to stop. 
• A customer at a store might repeatedly ask an employee for dates or make comments about the employee's body. 
• A client may get an employee's phone number through work and then use it to send unwanted sexual messages.

The fact that the sexual harasser is a paying customer does not make the behavior acceptable. If the behavior is sexual and unwanted, tell your employer what is happening.

What Should I Do if My Boss Says Casual Sexual Harassment Is Part of the Job?

Some employers excuse customer harassment by saying things like, "That's just how he is," "Don't take it so seriously" or "You work with the public, so you have to deal with it." This is especially common in jobs like bars and restaurants, where flirting or alcohol can make the line between appropriate and inappropriate very blurry.

Yet you do not have to accept sexual harassment simply because your job involves this type of work. Tell your employer clearly what the customer has been doing and that you want it to stop. If possible, make the complaint in writing so you have a record of when you reported the problem.

Your employer should take reasonable steps to address harassment after learning about it. Depending on what happened, that could mean warning the customer, keeping the customer away from you or refusing to serve someone who continues sexually harassing employees.

If your employer knows what is happening but repeatedly tells you to tolerate it because the customer spends money or is important to the business, talk to an employment attorney about your rights.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you are the victim of sexual harassment in the workplace, you need a strong legal advocate who can explain your rights and clearly lay out your options. A Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC LLC can ensure your rights and your future are properly safeguarded. MKFM Law has the experience and skills necessary to protect those who have been sexually harassed. Call Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule an initial attorney meeting to discuss your issue.