Q: Is there any legal grounds regarding an employer not confronting a customer for being a peeping Tom.
I was using the women’s restroom when a male came in. When I exited the stall and agitatedly stated “what are you doing in here?!” With a smirk and sarcastic tone he stated “I was inspecting the place.” I informed my manager with dismay and he didn’t even speak to the customer when the man should have been kicked out for being a peeping tom.
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A:
Under California law, an employer has a duty to provide a safe work environment, which includes addressing potentially harmful situations caused by third parties, such as customers. If an employer fails to take action against a customer who has engaged in criminal activity, such as peeping, this could potentially lead to a negligent failure to protect the employee, depending on the circumstances.
It may also raise issues under California's sexual harassment and privacy laws. You should document the incident and report it to higher management or human resources. If the response is still inadequate, you might consider contacting an attorney or the California Department of Fair Employment and Housing to explore legal options. It’s also within your rights to report the incident to law enforcement, as peeping is a criminal offense.
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