Sexual Harassment by Clients and Customers in Montana's Hospitality Sector
In Montana, employers can be held legally liable if a customer, hotel guest, or client sexually harasses you and management fails to intervene. Under 42 U.S.C. § 2000e-2 and the Mont. Code Ann. § 49-2-303, a restaurant or ski resort cannot prioritize a VIP client's business over an employee's right to a safe workplace.
Montana's economy heavily relies on tourism, from the bustling ski resorts in Big Sky to the historic lodges in Glacier National Park and busy bars in downtown Missoula. In the hospitality sector, the motto "the customer is always right" is deeply ingrained. However, this motto ends the moment a customer crosses the line into sexual harassment.
Many hospitality workers falsely believe they just have to tolerate inappropriate touching, lewd comments, or indecent exposure from patrons as part of the job. This is legally incorrect. Third-party sexual harassment is highly actionable. If an employer knows or should have known that a non-employee is harassing their staff, and they fail to take immediate and appropriate corrective action, the employer becomes legally liable for the hostile work environment.
Step-by-Step Guide for Hospitality Workers in Montana
Handling third-party harassment requires a specific approach, because the abuser does not work for the company, but the company controls the premises. Whether you are dealing with patrons in Billings or tourists in Whitefish, here is how to protect your rights.
Step 1: Bartenders and Servers Facing Inappropriate Touching
In crowded bars and restaurants, patrons often use alcohol as an excuse to grab, grope, or make aggressive sexual remarks to servers. The first step is to immediately report the specific patron to your shift manager or owner. Do not suffer in silence to save your tips. Federal case law, such as Folkerson v. Circus Circus Enterprises, Inc., 107 F.3d 754 (US 9th Cir. 1997) (which applies to Montana), clearly establishes that employers must protect workers from patrons. If management laughs it off, tells you to "toughen up," or refuses to eject the patron, the company is violating the law.
Step 2: Hotel Housekeepers Dealing with Exposed Guests
Housekeepers face severe risks, often entering rooms where guests are alone. If a guest intentionally exposes themselves or makes physical advances, immediately leave the room, lock the door, and report it to the front desk or security. The hotel has a legal duty to intervene. This might include evicting the guest, calling local law enforcement, or ensuring you are never assigned to that floor again. If the hotel forces you to return to the room, they are fostering a hostile work environment.
Step 3: Ski Resort Staff Harassed by VIP Tourists
Ski instructors and resort staff often deal with wealthy tourists who believe their VIP status buys them immunity. Whether the harassment occurs on a ski lift or in a private lesson, document the client's name and immediately notify your supervisor. Under the Montana Human Rights Act, the resort cannot shield a high-paying client at your expense. Management must investigate and, if necessary, ban the client from the property.
Step 4: Escalating to the State or Federal Level
If management ignores your complaints, or worse, fires you for "offending a paying customer," it is time to take legal action. You will need to file a formal grievance. You can file a charge of discrimination with the Montana Human Rights Bureau, Helena or the Equal Employment Opportunity Commission, Seattle (which handles federal MT claims). From there, you may eventually file a lawsuit in a venue like the Flathead County District Court, Kalispell.
How Much Does it Cost to Sue in Montana?
Pursuing a claim against a hospitality employer for third-party harassment typically operates on a contingency model:
- Lawyer Fees: You pay $0 upfront. Lawyers take 33% to 40% of the settlement.
- Filing the Administrative Complaint: $0 to file with the HRB or EEOC.
- Court Costs: Filing a lawsuit in a Montana state court generally costs $120 to $200, though your attorney may cover this initial expense.
How Long Does the Process Take?
Resolving third-party harassment claims takes time because the employer will try to blame the customer. The administrative investigation by the state will take up to 180 days. If the case proceeds to a lawsuit, you can expect a timeline of 1 to 2 years to finalize mediation or reach a jury trial in a Montana District Court.
What if the customer is a regular who brings in a lot of money?
The law does not care how much money a client spends. An employer cannot legally prioritize profits over a harassment-free workplace. If they protect a 'VIP' harasser, the employer significantly increases their own legal liability.
Can I sue the customer directly?
Yes. While you sue your employer for creating a hostile work environment under employment laws, you can separately sue the individual customer in civil court for personal torts, such as assault, battery, or intentional infliction of emotional distress.
Will I lose my job if I report a customer?
It is illegal for your employer to retaliate against you for reporting third-party sexual harassment. If they cut your shifts, move you to a less lucrative section of the restaurant, or fire you, you gain an additional, highly actionable legal claim for 'retaliation.'
What kind of evidence do I need against a customer?
Witness testimony from coworkers is usually the strongest evidence in hospitality settings. Additionally, security camera footage from the bar or hotel hallway can prove the incident occurred. Your lawyer can legally demand the employer preserve this footage.
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