Cases involving customers harassing employees are much more difficult to win than employees harassing other employees. That's because the employer doesn't control the customers.hadespussercats wrote:I'm not sure.Svartalf wrote:Dunno, French legal definition of it implies the ability to make trouble at work for the harassee, if not the threat (implied or overt) to do so.hadespussercats wrote:Or they don't pursue possible legitimate legal claims.Svartalf wrote:Except of course that hitting on somebody who is 'at work' does not constitute harassment per se, or thousands of barmaids and other personnel in contact with the customers would be raking in millions in suits against customers who hit on them.
My understanding is that "hitting on" someone at work IS in fact harassment.
Not everyone is so bothered by that that they turn to legal intervention.
Maybe US definition is different.
But barmaids and the like have a real incentive to let this sort of thing pass-- the guys (creepy or otherwise) who hit on them will probably tip well if she's friendly.
You'd hope, anyway...
So, let's say barmaid gets hit on by customer at the bar. Half drunk dude says "You're really hot. Go out with me! Please! I love you! I want you!" And, she says no. He stops and just watches t.v. from then on. Sexual harassment? No fucking way, even if he handed her a swinger's card, and made a rude gesture indicating cunnilingus was in the offing. That would not be "sexual harassment." That's a rude customer.
Now, fast forward. The barmaid reports the incident to the bar management. Management tells her it's no big deal. The half drunk dude starts coming back to the bar and does it again and again. She keeps reporting the incident to the bar, and they do nothing. She's being daily confronted by this guy, it's starting to make her upset daily, and she's having a hard time dealing with it. She's been reporting it to the employer, but they won't do anything. She quits, claiming she can't work their anymore.
She may have a lawsuit against the bar, because they received notice of the problem and did nothing. The issue would be "would a reasonable person think the harassment was so severe and pervasive as to rise to the level of a hostile or offensive work environment" and that a reasonable person would feel that they had no choice but to quit.
She'd report the matter to the EEOC. They would investigate and do nothing. She could then sue the bar.