Employer Liability for Sexual Harassment by Customers and Clients in New Hampshire

When people think of workplace sexual harassment, they usually imagine a creepy boss or an inappropriate coworker. However, for thousands of workers across cities like Portsmouth, Manchester, and Nashua, the harassment comes from the outside: customers, clients, vendors, and even patients. The law recognizes that an employee's right to a safe working environment does not disappear just because the abuser is holding a credit card. Employers have a strict legal duty to protect their staff from third-party harassment.

Third-Party Sexual Harassment in the Workplace

Third-party harassment occurs when someone who does not work for your company subjects you to unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature. Because the local economy relies heavily on service, healthcare, and real estate industries, workers are frequently exposed to the public, increasing the risk of these incidents.

Real Estate Agents Harassed by Buyers

Real estate professionals often work alone with prospective buyers in empty houses. This isolation can embolden clients to make inappropriate remarks or physical advances. An agency can be held liable if they force an agent to continue working with a known harasser simply to close a lucrative property deal.

Bartenders Grabbed by Patrons

In the hospitality industry, particularly in busy downtown areas, there is a dangerous misconception that enduring harassment is simply 'part of the job' for a good tip. Bartenders and servers frequently face groping, explicit comments, or stalking from regular patrons. Restaurant owners must not tolerate this behavior from their customers.

Nurses Harassed by Patients

Healthcare workers face unique challenges. Nurses and clinical staff are routinely subjected to inappropriate touching or highly explicit language from patients. While cognitive decline in a patient may complicate the situation, hospital administrators must still take reasonable steps to protect their nursing staff from persistent sexual abuse.

Retail Workers Stalked by Regular Customers

A customer who repeatedly visits a retail store just to stare at, make comments to, or ask out a specific cashier is crossing the line into harassment. Store managers have a duty to intervene, ban the customer if necessary, or alter the employee's schedule to ensure their safety.

The Employer's Legal Duty to Protect You

Under N.H. Rev. Stat. Ann. § 354-A:7 and federal guidelines, employers can be held liable for the actions of non-employees. The standard of liability comes down to two key factors: knowledge and action. First, the employer must have known, or should have known, that the harassment was taking place. Second, the employer must have failed to take immediate and appropriate corrective action. If you complain to your manager about a customer groping you, and the manager laughs it off or tells you to ignore it, the employer is openly violating the law.

Steps to Take If You Experience Customer Harassment

If you are being harassed by a third party at your job, you must take specific steps to protect yourself and preserve your legal rights.

• Report It Immediately: Inform your supervisor, manager, or HR department in writing. Keep a copy of your email or complaint form. You must establish that the employer had clear knowledge of the situation.
• Do Not Engage: You have the right to politely but firmly step away from the harassing customer. Do not feel obligated to endure abuse for the sake of customer service.
• Document Everything: Write down dates, times, locations, and the names of witnesses who saw the customer harassing you. Note exactly what the customer said or did.
• Track Employer Response: Record exactly how your employer reacts. Did they ban the customer? Did they assign you to a different section? Or did they tell you to smile and take it?

How to Seek Justice and Hold Employers Accountable

If your employer fails to protect you, you have the right to seek legal remedies. You can file a formal complaint with the New Hampshire Commission for Human Rights, Concord. You will typically submit a document, such as the Form Charge of Discrimination, New Hampshire, Commission for Human Rights, Employment Discrimination Complaint, detailing the employer's failure to act. Additionally, claims can be cross-filed with federal agencies. It is highly recommended to browse our directory and consult with a local employment lawyer who can guide you through the process, as holding an employer liable for third-party actions requires demonstrating negligence in their duty of care.

Frequently Asked Questions (FAQ)