Liability for Sexually Harassment by Clients


Liabilityfor Sexually Harassment by Clients

Liabilityfor Sexually Harassment by Clients

AlthoughMr. Stuart warned his regular client, Mr. Simon, by telling him to beeasy on Myrna, he could still be held liable for sexual harassment.The Civil Rights Act enacted in 1964, under Title VII, defined sexualharassment as any form of sexual advances that is unwanted, requestsfor sex, dates, and touching as well as frequent comments. The actholds employers responsible for sexual harassment against theiremployees while at work regardless of its source. This implies thatsexual harassment coming from co-workers or customers is stillactionable against the employers. However, this provision applieswhen the employer is aware of the offensive behavior from theclients. In the present case, Mr. Stuart had already been informed.Courts of law relies on the guidelines provided by the EqualEmployment Opportunity Commission that blame employers who do notremedy sexually harassing environment that are within their controlprovided they are aware of the misconduct of their customers.Addressing the issue might lead to the loss of a regular customerbut on the other hand, it will shield Stuart from the risk of facingsexual harassment litigations.

Thefirst student acknowledges the facts that Mr. Stuart had beeninformed about the misconducts of Simon and he failed to take thenecessary measures as an employer to stop the sexual harassment. Thisis correct because the civil rights legislation require employers toprovide a healthy working environment and to protect their employeesfrom sexual harassment from either their co-workers or customers.Therefore, Mr. Stuart can be held liable for Myrna’s sexualharassment by Simon.

Thesecond student depicts Mr. Stuart as a greedy employer who isinterested in financial gains and does not seem to care about issuesaffecting his employees. This is correct because Stuart would beexpected take the necessary action immediately instead of waiting forseveral weeks. The student also recommends that Myrna should seek foran intervention from EEOC, but I feel it would be necessary to remindher employer about the issue one more if Simon does not stop hisbehavior.