Although many Coloradans may be victims of sexual harassment from their colleagues and supervisors, it is important for workers to remember that perpetrators can also be customers, vendors or even just visitors to a place of business.
To give one common example, a relatively recent study conducted through three major universities found that in the food service industry, around 7 out of 10 female workers reported sexual harassment.
About half of the workers studied experienced sexual harassment at least once a week on the job.
Restaurant patrons are frequently the perpetrators of this harassment.
The researchers concluded that servers who work for tips are more likely to tolerate harassing behavior from their customers when it happens.
The researchers also attributed the problem in the food industry to the expectation that servers should always maintain a positive, cooperative demeanor. In other words, the notion that the customer is always right can leave servers prone to sexual harassment.
All this being said, as actual lawsuits within the last couple of months in Colorado show, the problem with sexual harassment at the hands of patrons and the public extends beyond the food service industry.
Colorado employers have a duty to protect employees from sexual harassment
Employers in the Denver area have a legal obligation to protect their employees from sexual harassment.
This obligation includes protecting employees from perpetrators who are customers, even if the employer is worried about driving away business by confronting their own patrons.
Employers must take reasonable steps to prevent a hostile work environment where sexual harassment thrives and goes unchecked.
At a minimum, the employer should have a process for investigating and responding to all complaints of sexual harassment, including complaints involving customers.
If a Colorado employer fails to these obligations, victims of workplace sexual harassment may be entitled to compensation.