When most employers think about workplace harassment, they immediately picture conflicts between employees. But harassment can also come from customers, vendors, and others outside of the organization. If left unaddressed, this type of harassment can create serious liability risks under the Americans with Disabilities Act (ADA) and other employment laws.

A recent case illustrates the danger...

A convenience store employee who was neurodivergent and living with seizures and vision issues found himself targeted by customers. Because of his medical conditions, he struggled to make eye contact, which prompted repeated harassment from store patrons. Instead of protecting the employee, the company ignored the situation. When the worker later experienced his first seizure at work, the employer responded by terminating his employment.

The Equal Employment Opportunity Commission (EEOC) stepped in. The agency alleged that the company not only failed to protect the employee from customer harassment, but also unlawfully terminated him because of his disability.

 

Key Lessons for Employers

1. Harassment isn’t limited to coworkers

Employers have a duty to maintain a workplace free from harassment—whether the conduct comes from peers, supervisors, or customers. Ignoring harassment by customers can still create liability.

2. Disability protections extend to conduct outside the company’s control

The ADA requires employers to provide reasonable accommodations and protect employees from discrimination related to their disabilities. When harassment stems from a known medical condition, the employer must take action.

3. Termination after a medical episode can be high-risk

Discharging an employee after a seizure or other medical event, without engaging in the interactive process or exploring accommodations, often leads to ADA claims. In this case, it amplified the company’s liability.

 

Compliance Best Practices

• Respond promptly: If an employee reports customer harassment, investigate immediately and implement steps to stop it.
• Train managers: Supervisors should know that customer behavior can create a hostile work environment just like coworker conduct.
• Engage in the interactive process: After a medical incident, explore reasonable accommodations before considering termination.
• Review policies: Make sure your anti-harassment and ADA policies explicitly include third-party harassment.
• Document everything: Keep detailed records of complaints, investigations, and accommodations offered.
  
  

Why This Matters for Employers

The EEOC has made clear that companies cannot look the other way when customer harassment occurs—especially when it targets an employee’s disability. Failure to act not only erodes employee trust and morale, but also invites costly litigation and reputational damage.

Proactive steps can help employers stay compliant, protect employees, and avoid being the next EEOC headline.

✴️Have questions or need help with compliance ? Contact CTR Payroll | HR today!