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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
