Suing a Louisiana Employer for Client or Customer Sexual Harassment

Understanding Third-Party Sexual Harassment Liability in Louisiana

Going to work in New Orleans, Baton Rouge, or Shreveport should not mean accepting abuse from the people who walk through the door. Many employees believe that because the person harassing them is a customer, a vendor, or a client, the company cannot do anything about it. This is entirely false. Under both 42 U.S.C. § 2000e-2 and the Louisiana Employment Discrimination Law (LEDL) found at La. Rev. Stat. § 23:332, employers have a strict legal duty to provide a workplace free from sexual harassment.

This protection extends to third-party harassment. The legal standard courts use is whether the employer 'knew or should have known' about the harassment and failed to take prompt, appropriate corrective action. If you report a customer who constantly makes inappropriate comments, and your manager simply says, 'The customer is always right, just deal with it,' your employer has broken the law. Because these claims require proving exactly what management knew and when, it is highly recommended to consult an experienced employment lawyer from our United States Attorney catalog.

Common Scenarios of Third-Party Harassment

Third-party harassment can happen in any industry across Louisiana, but it is especially prevalent in jobs requiring constant public interaction. Here are the most common micro-niches where employees frequently face unchecked abuse.

Retail Workers Harassed by Regular Shoppers

In retail environments, regular shoppers sometimes cross the line from friendly banter to aggressive sexual advances. This might include unwanted touching, stalking you around the store, or making explicit comments. If a store manager refuses to ban an abusive customer because they spend a lot of money, the store can be held liable. The employer must prioritize your safety over a customer's business.

Delivery Drivers Facing Abuse at Client Sites

Delivery drivers, couriers, and logistics workers constantly visit third-party locations. If a worker at a receiving dock or an office manager at a delivery site makes severe or pervasive sexual comments, your employer cannot simply force you to keep taking that route. If they know about the abuse, they must intervene by contacting the client's management, reassigning the route without reducing your pay, or refusing to deliver to that location.

In-Home Caregivers Dealing with Harassing Patients

Home health aides and caregivers face unique dangers because they work inside a patient's private home. While dealing with patients who have cognitive decline (like dementia) presents complicated legal nuances, courts have established that employers must still take reasonable steps to protect caregivers from physical groping and explicit verbal abuse. A vital precedent for the region covering Louisiana is Gardner v. CLC of Pascagoula, 915 F.3d 320 (US Court of Appeals 5th Circuit 2019), which confirmed that employers cannot simply write off sexual harassment as a 'normal part of the job' for nurses and caregivers.

Step-by-Step Process to Protect Yourself in Louisiana

If you are being harassed by a third party, you must follow specific steps to build a solid legal claim against your employer.

Step 1: Report the Abuse in Writing

Do not rely on verbal complaints to your shift leader. Send a formal email or text message to your Human Resources department or the business owner. Specifically state the dates, times, and details of the harassment by the customer or client. This creates the undeniable proof needed to establish that the employer 'knew' about the abuse.

Step 2: File a Charge of Discrimination or Send Pre-Suit Notice

For federal Title VII claims, you cannot walk directly into court without exhausting administrative remedies. You must first file Form 5, FED, EEOC, Charge of Discrimination with the Equal Employment Opportunity Commission, New Orleans or the Louisiana Commission on Human Rights, Baton Rouge within 300 days of the last harassing incident. However, under the Louisiana Employment Discrimination Law (La. Rev. Stat. § 23:303(C)), administrative exhaustion is not required; you can file directly in state court after giving your employer written notice at least 30 days before filing suit. Keep in mind that LEDL claims have a one-year prescriptive period under La. Rev. Stat. § 23:303(D), which is suspended during an EEOC investigation for up to six months.

Step 3: Obtain a Right to Sue Letter

For Title VII claims, the EEOC or LCHR will investigate the claim. Once they finish, or if you request it early, they will issue a 'Notice of Right to Sue.' Once you receive this letter, the clock ticks incredibly fast: you generally have exactly 90 days to file a formal lawsuit in state or federal court.

Step 4: File a Lawsuit in Civil Court

Your attorney will draft a formal complaint and file it in a court such as the Civil District Court for the Parish of Orleans, New Orleans or the 1st Judicial District Court, Shreveport. In the lawsuit, you can seek lost wages, emotional distress damages, and attorney fees.

How Much Does It Cost and How Long Does It Take?

Filing a charge with the EEOC or the Louisiana Commission on Human Rights is entirely free. If your case moves to a formal lawsuit, court filing fees in Louisiana District Courts generally range from $250 to $400. Fortunately, most employment discrimination lawyers work on a contingency fee basis, meaning they do not charge you upfront and only take a percentage (usually 33% to 40%) if you win a settlement or jury award. The EEOC investigation phase can take 6 to 10 months, and if a lawsuit is filed, it can take 1 to 2 years to reach a trial or settlement.

Frequently Asked Questions (FAQ)