Workplace harassment doesn’t always come from within your office. In some cases, the person creating a hostile or offensive environment isn’t your coworker, manager, or employer but someone outside your organization. This is known as third-party harassment.
It can come from a customer, client, vendor, contractor, delivery person, patient, or any other non-employee who interacts with you during your work. The harassment may involve offensive comments, unwanted advances, or discriminatory behavior based on race, sex, age, disability, religion, or other protected characteristics.
Even though the harasser isn’t on the company’s payroll, your employer still has a legal obligation to step in, investigate, and take reasonable steps to stop the behavior. Failing to do so can expose your employer to liability under both federal and Illinois anti-discrimination laws.
Third-Party Harassment and Employer Responsibility
Third-party harassment happens when someone who isn’t your coworker or supervisor harasses you at work.
Who Can Be a Third-Party Harasser?
The harasser might be:
- Customer or client
- Vendor or supplier
- Contractor or consultant
- Delivery person
- Patient (in healthcare settings)
- Anyone else who interacts with you during your work
The harassment follows the same patterns as workplace harassment from coworkers, unwelcome conduct based on your protected characteristics.
Protected characteristics under federal and Illinois law include race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, and marital status.
The difference? The person harassing you doesn’t work for your company. But your employer still has a responsibility to protect you.
What Does Third-Party Harassment Look Like?
Third-party harassment shows up differently depending on your industry, but the harm is the same.
- Retail workers face customers who make racist comments, touch them inappropriately, or make sexual remarks about their appearance.
- Restaurant servers deal with patrons who grab them, make explicit comments, or leave phone numbers with inappropriate messages on receipts.
- Healthcare workers experience patients or family members who refuse care from staff of certain races, make sexual advances, or use slurs.
- Delivery drivers encounter customers who answer the door inappropriately dressed, make sexual propositions, or use discriminatory language.
- Service technicians visit client sites where they’re subjected to offensive jokes, unwanted touching, or hostile comments about their protected characteristics.
- Hotel staff face guests who proposition them, make comments about their bodies, or create hostile situations during their work.
The harassment can be verbal, physical, visual, or a combination. It creates a hostile work environment just like harassment from coworkers does.
Your Employer’s Legal Responsibility
The federal law under Title VII of the Civil Rights Act requires employers to maintain a workplace free from harassment, regardless of where that harassment comes from.
Your employer must:
- Take complaints seriously. When you report third-party harassment, your employer can’t dismiss it just because the harasser doesn’t work there.
- Investigate promptly. The same investigation procedures that apply to internal harassment claims apply to third-party harassment.
- Take corrective action. Your employer must take reasonable steps to stop the harassment and prevent it from happening again.
- Protect you from retaliation. You can’t be punished for reporting third-party harassment.
The law has made clear that employers can be liable for third-party harassment when they knew or should have known about it and failed to take appropriate corrective action.
What “Reasonable Steps” Mean for Employers
Your employer can’t control what third parties say or do. But they can control how they respond. Reasonable corrective action might include:
- Addressing the harasser directly. Speaking to the customer or client about their inappropriate behavior and making it clear that it won’t be tolerated.
- Removing the harasser. Refusing service to customers who harass employees, terminating contracts with vendors who create hostile environments, or banning individuals from the premises.
- Adjusting your work assignment. Reassigning you so you don’t have to interact with the harasser (as long as this doesn’t negatively affect your job duties, pay, or opportunities).
- Providing support. Having management or security present during interactions with known problematic third parties.
- Creating policies. Establishing clear anti-harassment policies that include third-party conduct and training employees on how to report incidents.
- Following through. Actually implementing the corrective measures they promise instead of just talking about them.
What’s not reasonable? Telling you to “deal with it” or “you need thicker skin.” Blaming you for the harassment and doing nothing because they don’t want to lose a customer.
Your safety and legal rights matter more than your employer’s business relationship with a harassing customer.
What to Do When You Experience Third-Party Harassment
Tell the harasser to stop. If you feel safe doing so, make clear that the behavior is unwelcome. You’re not required to do this, but it can strengthen your case if the harassment continues.
Report it immediately. Follow your company’s reporting procedures. Tell your supervisor, HR, or whoever handles complaints. Put it in writing if possible—emails create documentation.
Document everything. Keep detailed records of each incident: date, time, location, what happened, what was said, who witnessed it, and how you reported it. Save emails, texts, and any written communications.
Request specific action. Don’t just report the problem. Ask your employer what they plan to do about it. If they take action, document what they did. If they don’t, document their refusal.
Follow up. If the harassment continues after you report it, report it again. Document that your employer’s initial response didn’t stop the harassment.
Know your deadlines. You typically have 300 days to file a charge with the Illinois Department of Human Rights or the EEOC. Don’t wait until the last minute.
Get legal help. Third-party harassment cases involve complex legal questions about employer liability. An experienced employment attorney can evaluate your situation and protect your rights.
You Don’t Have To Accept Harassment
Don’t accept “That’s Just How Customers Are.” You deserve a workplace free from harassment.
It doesn’t matter if the harasser is a customer, client, or vendor. Your employer has a legal duty to take reasonable action to protect you.
Third-party harassment is illegal. Your employer’s failure to address it is unlawful. You don’t have to tolerate it. You don’t have to quit. You have legal options.
If you’re experiencing third-party harassment at work and your employer won’t help, contact 1818. We help Illinois workers fight back against workplace harassment and hold employers accountable when they fail to protect their employees. Your consultation is confidential, and we’ll help you understand your legal rights.
Don’t wait until the harassment becomes unbearable. Get help now.
Remember: Document Everything
- Save emails, texts, screenshots, chat logs, complaint forms, and HR responses.
- Write down dates, times, witnesses, and precisely what was said or done.
- Keep your own copies of performance reviews, schedules, and write-ups.
- Document every time your employer ignores or fails to correct the harassment.
You don’t have to tolerate harassment from customers, clients, vendors, patients, or anyone else.
Suppose your employer won’t protect you, 1818 will. Your consultation is confidential. We’ll review your documentation, explain your rights, and help you take the following steps. Contact us today — you deserve a safe workplace.
