First of all what does the EEOC has to say about harassment?
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.And what does the EEOC say about harassment by customers?
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.So you are working in a store and a customer comes in and starts to harass and threaten you and you complain about a customer who has harassed and threatened to kill you,
A trans Dunkin’ Donuts worker said customers threatened to kill her but her boss did nothingFurthermore her boss...
She says customers called her slurs and attacked her, but the manager told her to go home if she couldn't handle it.
By Alex Bollinger
November 13, 2019
A transgender woman in Pennsylvania is suing her employer Dunkin’ Donuts in federal court, saying that she was beaten and humiliated by customers while the restaurant’s management told her to quit if she couldn’t handle the abuse.
The woman, who is identified as “Jane Doe” in the lawsuit because she is worried that the customers will find her if her real name is publicized, worked at a Dunkin’ Donuts in Bethlehem, Pennsylvania.
Tell me is that legal what her boss did? In light of what the EEOC says, no it is not a safe work environment.
In her complaint, she says that her supervisor misgendered her regularly, calling her “dude” and referring to her with “he” pronouns, even in front of customers.According to the Lehigh Valley Live the Dunkin is a franchised owned by Triangle Doughnuts of Bethlehem Township.
She said that customers started refusing to use her register and that she was told she shouldn’t go to the bathroom at work because customers “weren’t comfortable” with her in the women’s room.
This past April or May, according to the suit, three customers came into the restaurant and attacked her, called her a “faggot,” and threatened to kill her. When she complained to her manager, the manager allegedly responded, “If you don’t feel safe, go home.” She left and several days later her name was completely removed from the restaurant’s work schedule.
The employee filed an Equal Employment Opportunity Commission claim. The lawsuit says Almanzar testified Dunkin’ “customers are always right.” Despite the alleged discrimination, she refused to side against her customers, the suit says.According to the EEOC the customer is not always right and they can land businesses in deep legal trouble.