Holding Washington State Employers Liable for Customer and Client Sexual Harassment

Working in hospitality, retail, or sales in Washington State often requires excellent customer service. However, some managers push this expectation too far, demanding that employees endure abusive or sexually harassing behavior from clients just to make a sale or keep a regular patron happy.

You do not have to sacrifice your dignity for a paycheck. Under Washington law, your employer owes you a duty to provide a safe, harassment-free workplace. This duty extends to protecting you from third parties, including customers, vendors, and clients. This guide explains how you can hold your employer accountable if they refuse to protect you from third-party sexual harassment.

Step-by-Step Process in Washington State

In Washington, employer liability for third-party harassment triggers when the employer knows (or should have known) about the harassment and fails to take prompt, corrective action. Here is how this applies across different industries.

Drunk Patrons Harassing Bartenders and Waitstaff

In the hospitality industry across Seattle, Tacoma, and Spokane, alcohol often fuels inappropriate behavior. A patron touching a server inappropriately, making explicit comments, or refusing to leave a bartender alone is sexual harassment. If a restaurant manager witnesses this and simply tells the server to 'brush it off' because the patron tips well, the restaurant is failing its legal duty. Management must intervene, which can include asking the patron to leave or reassigning the server away from that table.

Clients Harassing Sales Representatives

Sales professionals often meet clients outside the office, at dinners, or at networking events. If a lucrative client makes sexual advances or demands sexual favors in exchange for a contract, it places the employee in an impossible position. If the employee reports this to their supervisor and the company refuses to drop the client or protect the employee, the company can be held liable under Wash. Rev. Code § 49.60.180.

Vendors and Delivery Drivers in Retail

Harassment does not only come from people spending money. If a third-party vendor or a daily delivery driver consistently makes crude remarks to a retail clerk, the store owner must take action. They have the authority to contact the vendor's company and demand a different delivery driver to protect their own staff.

The Myth That 'The Customer Is Always Right'

Many businesses mistakenly believe that anti-discrimination laws only apply to co-workers and managers. Washington courts rely on strong precedents establishing that employers must act when they are aware of a hostile environment. If you report a harassing customer and your manager tells you that 'the customer is always right' and forces you to continue serving them, they are violating Washington law. Your civil rights completely override the company's desire to make a profit.

How Much Does it Cost in Washington?

Fighting for a safe workplace does not mean you have to drain your savings account.

• Agency Filing: Submitting Form Employment Complaint Questionnaire, Washington, Washington State Human Rights Commission, Employment Complaint Questionnaire to the Washington State Human Rights Commission, Olympia is completely free of charge.
• Attorney Fees: Lawyers handling third-party harassment cases in Washington generally work on a contingency fee basis. They will evaluate your case for free and only collect a percentage (typically 33% to 40%) of the final settlement or verdict if they win.
• Court Costs: If your attorney files a lawsuit at the Pierce County Superior Court, Tacoma or another local courthouse, civil filing fees are roughly $290, plus costs for serving legal documents to the employer.

How Long Does the Process Take?

Your first step is to formally report the customer to your HR department or management in writing. By law, they should take action immediately. If they ignore you, filing a formal complaint with the state can initiate an investigation that lasts 6 to 12 months. If the agency cannot resolve the issue and you file a civil lawsuit against your employer, the court process can take anywhere from 1 to 2 years before reaching a jury trial.

Frequently Asked Questions (FAQ)