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The employer has a duty to keep the workplace free from discrimination — including from customers.

Do Employers Have to Protect Employees from Customer Harassment?

It seems as though videos of alarming incidents go viral on a regular basis now, whether they involve police interactions or situations in stores or restaurants. Such was the case in May 2018, when a New York City attorney yelled at two deli workers in Manhattan for speaking Spanish, threatening to call immigration on the workers and others at the store.

This raises an important question for many employees: what obligation do employers have to protect their workers from harassment? In this case, the man in question was harassing employees based on their national origin and presumed immigration status — but other forms of discrimination and harassment occur in businesses across America. According to a seasoned employment attorney, companies have the responsibility to keep their workplaces free from discrimination.

One of the most common forms of workplace discrimination occurs when a customer demands that a person of particular race or national origin not serve or treat them. Such an occurrence was recently videoed in a Canadian hospital, where an angry mother stated that her son could only be seen by a white doctor.

If an employer becomes aware that its employees are being subjected to discrimination or abuse, there are several steps that it can take to remedy the situation. Importantly, once the employer knows about a customer’s harassment or discrimination, it is the employer’s responsibility to take prompt action to correct the situation.

One option is to remove the customer entirely. In the case of hospitals and other medical treatment facilities, removal may not be possible. However, in restaurants and stores, employers can and should remove customers who are discriminatory to their staff.

If the employer did not learn about the situation until after the fact, another alternative would be to ban the customer from the establishment. In the case of the attorney described above, the deli could simply state that he is no longer welcome there given his harassment of its employees. If the company decides that it cannot afford to lose the business of a particular customer or cannot ban or remove the person in question, then it could accompany the customer when he or she is on the premises. This would serve to help correct any harassing behavior while keeping the business relationship.

Importantly, once the employer knows that the customer is being discriminatory towards its employees, the company becomes responsible for that customer’s actions. If the employer fails to act, then the employee may be able to take legal action against the company. This is particularly true if the employer goes along with the customer’s wishes, such as by only assigning people of a certain race or national origin to work with them. If an employer retaliates against the employee who faced discrimination, such as by firing that person, then the employee may also have a legal claim. A knowledgable employment attorney can help you determine how to proceed if you have faced discrimination or harassment on the job and want to know your rights.

If you have a customer at work who is harassing or discriminating against you, be sure to report it as soon as possible to human resources or management. If your employer fails to act, a skilled employment attorney can help.

At PLBH, we work collaboratively with our clients to help them achieve the best possible results. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation and learn more about how we can help you get justice.