Insights

Harassment by Clients or VIP Customers: Is Your Employer Still Liable? (NY, FL, NJ)

A lot of workplace harassment isn’t coming from a boss or coworker. It comes from the people your company depends on: clients, VIP customers, investors, patients, tenants, patrons, or “important” accounts.

And when that happens, employers often send a dangerous message—directly or indirectly:

“Just ignore it. That’s the client.”
“He didn’t mean it.”
“Don’t make this a problem.”

If you’re in New York, Florida, or New Jersey and a client/customer is sexually harassing you (or assaulting you), here’s the truth: your employer may still be responsible, especially if they knew (or should have known) and failed to act.

The Quick Answer

In many situations, yes—an employer can be liable for harassment by non-employees (like customers or clients) when the employer:

knew or should have known the harassment was happening, and
failed to take reasonable steps to stop it.

This can apply across industries where customer access is part of the job.

Common Situations Where This Happens

Hospitality + nightlife

Hotels, restaurants, high-end lounges, private clubs
VIP guests making sexual comments, grabbing, or pressuring staff
Management discouraging complaints to “protect the brand”

Healthcare + private practices

Patients making explicit comments, demanding “special” treatment, touching staff
High-revenue patients protected by administrators

Finance + sales + real estate

Wealthy clients using texts/meetings to escalate boundaries
Pressure to “play along” to keep accounts or close deals

Luxury retail + personal services

Harassment framed as “part of the job” because tips/commissions are involved
Managers expecting staff to tolerate behavior to avoid losing a big spender

Property management

Tenants or owners harassing staff, supers, leasing agents, or office managers
Employers refusing to ban or restrict problem tenants

What Behavior Crosses the Line?

Client/customer harassment often escalates in predictable steps:

Sexual jokes, comments, or “compliments” about your body
Requests for dates, private meetings, or “a drink after work”
Texting/DMing outside business hours
“Accidental” touching that keeps happening
Cornering you in a back office, hallway, elevator, or car
Threats about reviews, tips, business, or complaints if you reject them
Assault, forced kissing, groping, coercion, or stalking

If you feel you have to tolerate sexual behavior to keep your job safe, that’s a serious red flag.

What Employers Often Do Wrong (And Why It Matters)

Here are the most common mistakes employers make when a VIP is involved:

1) They minimize it

They call it “not a big deal,” “just flirting,” or “he’s like that with everyone.”

2) They punish the employee instead

They “solve it” by moving you, cutting your hours, or removing you from a valuable account—while the client stays.

3) They pretend they have no control

They claim, “We can’t do anything—he’s a customer.”
In reality, employers often can set boundaries.

4) They delay action until it escalates

They wait for “more proof” or another incident—leaving you exposed.

Those patterns can become evidence that the employer failed to protect you.

What “Reasonable Steps” Can Look Like

Reasonable steps depend on the workplace, but can include:

Assigning a different contact person (without harming your pay/career)
Requiring meetings to occur in public spaces or with another staff member present
Issuing a written warning to the customer/client
Restricting access, removing them from the premises, or ending the relationship
Security measures (escorts, cameras, access controls)
Clear anti-harassment reporting procedures and prompt investigations

A company doesn’t need to “control” a client to take meaningful action. They need to protect their employees.

How to Build a Strong Record (Without Making Yourself a Target)

Instead of “venting,” focus on creating a clean, factual paper trail.

Keep a simple incident log

Record:

date/time/location
what happened
who saw it
what you did (left the room, told them to stop, etc.)
what management did afterward

Save the communications

texts, emails, DMs, screenshots
calendar invites / meeting locations
witness names

Report it strategically

Reporting doesn’t always mean “broadcast it.” It means:

tell someone in authority, in writing if possible
be factual: “On [date], Client X did Y. I need this addressed.”
ask for a safety boundary, not a “favor”

If you’re worried HR or management will protect the VIP, talk to counsel before you report—or before you report again.

Retaliation Is Common in VIP Cases

Watch for retaliation patterns like:

suddenly being labeled “difficult”
losing key accounts or tips/commission opportunities
schedule cuts or transfer to less desirable shifts
“performance issues” appearing after you complain
being excluded from events or client meetings

Retaliation can be unlawful, and documenting it early matters.

Key Takeaway

If a customer, client, or VIP is sexually harassing you, your employer may still have legal responsibility to protect you—especially once they’re on notice. You shouldn’t have to choose between your job and your dignity.

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If you or someone you know has faced workplace sexual harassment or assault in New York, Florida, or New Jersey, don’t wait. Contact the Law Offices of John Zidziunas today for a confidential consultation. We’re here to fight for your rights and help you pursue justice.

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If you believe you have a claim that requires legal professional care, please contact our Firm for a free consultation.

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