Question

Which of the following is true regarding whether a customer's sexual harassment of an employee may result in employer liability under Title VII of the Civil Rights Act of 1964?

a) An employer cannot be held liable in such cases because the employer has no control over the customer.
b) An employer is liable as a matter of law in such cases because the employer has an absolute duty to provide a work environment that is free of harassment.
c) An employer may be held liable in such cases if the employer knew that the customer repeatedly harassed the employee, yet the employer did nothing to remedy the situation.
d) An employer may be held liable in such cases, but only if quid pro quoharassment is involved.
e) An employer may be held liable in such cases, but only if disparate impact harassment is involved.

Answer 1

Answer: c) An employer may be held liable in such cases if the employer knew that the customer repeatedly harassed the employee, yet the employer did nothing to remedy the situation.

Step-by-step explanation:

According to Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission (EEOC) can hold an Employer liable for the harassment of an employee by a Customer (non-employee) if it was shown that the Employer knew or at the very least should have known about the incident and did not take appropriate and/or corrective action.

The rationale behind this is that the Customer falls under the control of the Employer when they are within the premises of the business.