Can Maine Restaurant and Hotel Employers Be Sued for Customer Sexual Harassment?
Yes, hospitality employers in Maine can absolutely be sued if their employees are sexually harassed by customers. Under the Maine Human Rights Act, an employer is legally liable for third-party harassment if management knew or should have known about the abuse and failed to take immediate action to stop it.
Maine's bustling tourism industry relies heavily on hospitality workers in coastal towns like Bar Harbor, Ogunquit, and Portland. While the motto 'the customer is always right' is popular in business, it does not apply when a customer crosses the line into sexual harassment. Servers, bartenders, and hotel housekeepers are frequently subjected to inappropriate touching, propositions, and lewd comments from patrons. Many workers falsely believe they just have to tolerate it for tips. The truth is, Maine law requires employers to provide a safe workplace, shielding staff from abusive customers. If your employer ignored your pleas for help, finding a dedicated employment attorney from our US Lawyer directory is your strongest next step.
Understanding Third-Party Harassment in Maine
Under the 5 M.R.S. § 4572, sexual harassment is explicitly prohibited. The law recognizes that a hostile work environment is not only created by managers or coworkers, but also by 'third parties.' Third parties include customers, VIP clients, delivery vendors, and contractors. If your employer knows a specific patron is harassing you, they have a strict legal duty to intervene immediately.
Bartenders Dealing with Intoxicated Patrons
In the restaurant and bar industry, intoxication is often used as a poor excuse for sexual assault or harassment. A bartender should never have to endure groping or explicit comments from a 'regular' customer just because that customer spends a lot of money. If a bartender reports the harassment to management and the manager tells them to 'just brush it off' or forces them to continue serving the abuser, the restaurant becomes directly liable for the hostile environment.
Hotel Housekeeping Safety Protocols
Hotel housekeepers are uniquely vulnerable because they work alone in isolated rooms. Guests exposing themselves or making inappropriate demands is a known industry hazard. Employers have a duty to implement safety protocols. If a housekeeper reports a predatory guest, management must take immediate action-such as reassigning the room to a different staff member, confronting the guest, or evicting them. Failing to protect vulnerable staff from known threats is a violation of Maine civil rights.
Employer Duty to Ban Harassing Customers
An employer's legal duty is to take prompt, remedial action to stop the harassment. As highlighted in Maine's approach to hostile environments in cases like Watt v. UniFirst Corp., 969 A.2d 897 (ME Supreme Judicial Court 2009), an ineffective response is equivalent to no response. If moving the employee to a different section of the restaurant does not solve the problem, the employer must be willing to trespass or permanently ban the harassing customer. Prioritizing a $50 dinner tab over an employee's safety is a fast track to a lawsuit.
Steps to Report Customer Harassment
To successfully hold your employer liable, you must prove that you put them on notice and gave them a chance to fix the situation.
- Report It Immediately: Tell your manager, supervisor, or HR director exactly what the customer did. Do it in writing (email or text message) so there is a permanent timestamped record.
- Document Everything: Write down the date, time, location, the customer's description (or name if known), and any witnesses who saw the harassment.
- Observe Management's Reaction: Note whether your boss intervened, ignored you, or retaliated by cutting your shifts for 'complaining.'
- File a Formal Charge: If management does nothing, you have 300 days to file a Form 5, FED, EEOC, Charge of Discrimination or file locally with the Maine Human Rights Commission, Augusta.
How Much Does a Lawyer Cost?
Hospitality workers often hesitate to seek legal help due to finances. However, civil rights attorneys represent harassment victims on a contingency fee basis. This means there are zero upfront costs. Your lawyer will only collect a percentage (typically 33% to 40%) if they force the restaurant or hotel to pay a settlement or win an award in a venue like the York County Superior Court, Biddeford.
| Harassment Source | Employer Action Required | Is Employer Liable if Ignored? |
|---|---|---|
| Restaurant 'Regular' Patron | Reassign server, issue warning, or ban patron | Yes |
| Hotel VIP Guest | Intervene, revoke room, protect housekeeper | Yes |
| Food Delivery Vendor | Contact vendor company, demand new driver | Yes |
Frequently Asked Questions (FAQ)
What if my boss says I should expect this behavior because I work for tips?
That is entirely illegal. Working for tips does not require you to surrender your civil rights. The Maine Human Rights Act does not have an exemption that allows sexual harassment just because tipping is part of the hospitality industry standard.
Can my employer fire me for refusing to serve a customer who groped me?
No. If your employer fires you, cuts your hours, or moves you to a less profitable section of the restaurant because you reported sexual harassment, that constitutes illegal retaliation. You can sue for both the harassment and the retaliation.
Does it matter if the restaurant has less than 15 employees?
Federal law (Title VII) requires an employer to have 15 or more employees. However, the Maine Human Rights Act applies to employers of any size. Even if you work at a tiny, family-owned diner with just three employees, you are fully protected under state law.
Can I file a claim if I am an undocumented worker?
Yes. In Maine, employment protections against severe sexual harassment and hostile work environments apply to all workers, regardless of their immigration status. You still have the right to file a claim with the MHRC.
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