Workplace harassment? But they don't work for us!

Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court of appeals recently ruled a Harrah's Casino employee can go to trial on her claims that (1) she was sexually harassed by a customer and (2) the employer didn't take sufficient steps to address her concerns.

Facts

Kristina Sansone was a dealer at a Harrah's Casino in Louisiana. She alleges a customer made "sexually charged gestures, remarks about her appearance, and sexual propositions" to her at least two times a week over a series of months. She complained to the floor supervisors but was told to ignore the behavior and that "this comes with the business."

Eventually, Sansone filed a written complaint with Harrah's. The casino then attempted unsuccessfully to identify the customer from surveillance video and relieved Sansone from her table on the one occasion when he reappeared there. Shortly thereafter, she was terminated for unrelated reasons.

Sansone sued Harrah's in federal district court alleging retaliation under Title VII, a hostile work environment, disability discrimination, and related state law violations. The district court granted summary judgment (dismissal without a trial) to the casino on all of her claims.

5th Circuit reinstates hostile work environment claim