Third-Party Sexual Harassment in California Workplaces
Sexual harassment in the workplace is not limited to supervisors or coworkers. In California, harassment by customers, clients, vendors, or other third parties may still create legal issues if the employer knows about the conduct and fails to take reasonable steps to stop it.
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What third-party harassment means
Third-party sexual harassment refers to harassment committed by someone who is not an employee of the company. This can include customers, clients, patients, vendors, contractors, or other non-employees interacting with staff.
Even though the harasser is not employed by the company, workplace harassment laws may still apply depending on the employer’s knowledge and response.
California legal framework
California’s Fair Employment and Housing Act (FEHA) prohibits harassment based on sex and other protected characteristics. Courts and guidance from the California Civil Rights Department recognize that employers may be responsible for harassment by non-employees if:
- The employer knew or should have known about the harassment, and
- The employer failed to take immediate and appropriate corrective action.
Common examples of third-party harassment
Examples that may raise concerns depending on severity and repetition include:
- Customers making repeated sexual comments toward employees
- Clients requesting sexual favors or making explicit remarks
- Vendors engaging in unwanted touching or suggestive behavior
- Regular customers targeting employees with gender-based insults
- Management requiring employees to continue serving abusive customers after complaints
Whether conduct meets the legal standard depends on frequency, severity, and employer response.
Employer responsibility
Employers are generally expected to take reasonable steps to prevent and correct harassment once they become aware of it. Depending on circumstances, reasonable action may include:
- Warning or removing the customer or vendor
- Reassigning duties where appropriate
- Investigating complaints promptly
- Implementing policies that protect employees from repeat conduct
Employers are not required to guarantee that harassment never occurs, but they are expected to respond reasonably once informed.
What employees should document
Documentation often becomes important in later disputes. Employees commonly preserve:
- Dates and descriptions of incidents
- Names of witnesses or supervisors informed
- Customer or client identities if known
- Emails or messages reporting the conduct
- Employer responses or lack of response
Frequently asked questions
Can an employer be liable for harassment by customers?
Potentially, if the employer knew or should have known about the conduct and failed to take reasonable corrective action.
Do I have to keep serving a customer who is harassing me?
Employer obligations depend on the circumstances, workplace policies, and how management responds after receiving notice of the conduct.
Is one incident enough?
In many cases, repeated conduct is involved, although a single severe incident may be analyzed differently depending on the facts.
What if my employer ignores my complaint?
Employer response is often a central issue in third-party harassment cases. Documentation of complaints and responses can become important.
Primary sources
- California Government Code § 12940 (FEHA, including harassment provisions): https://law.justia.com/codes/california/code-gov/title-2/division-3/part-2-8/chapter-6/article-1/section-12940/
- California Civil Rights Department harassment guidance (Harassment Prevention Guide, PDF): https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2025/04/Harassment-Prevention-Guide-2025.pdf
- California Civil Jury Instructions (CACI) 2521A (Work Environment Harassment): https://www.justia.com/trials-litigation/docs/caci/2500/2521a/
