A regular keeps commenting on my body and my manager just laughs it off. Does my manager have to do something?

The short answer

Your employer can be responsible for harassment by customers. EEOC says a harasser can be a customer, and an employer is liable for harassment by non-employees it controls, like customers on the premises, if it knew or should have known and didn’t take prompt, appropriate action. Harassment is illegal when it’s based on sex or another protected trait and is severe or pervasive. Report it to management early, in writing.

Step by step

  1. If you’re in danger, get safe first. Walk away, get a manager or coworker, or call 911.
  2. Tell the person it’s unwelcome, if it’s safe to. EEOC encourages this. Short is fine: “Please don’t comment on my body.”
  3. Report it to a manager early, in writing. EEOC encourages reporting at an early stage, before it escalates. A text or email gives you a dated record.
  4. Write down each incident: date, time, table, what was said or done, who saw it, and what the manager did.
  5. Ask to be moved off that table or section while it’s dealt with.
  6. If nothing changes, contact EEOC. Call 1-800-669-4000. There’s a deadline to file a charge: 180 days, extended to 300 days in some places.

Example text to a manager

“Hi Marcus, I want to report that the regular at table 12 (Tuesday lunches) has commented on my body again today and last Tuesday. I’m not comfortable serving him. Can I be moved off his table, and can you talk to him? Thanks.”

Not tax or legal advice. Names are made up. Whether conduct is illegal is decided case by case.

Plain English

What counts as harassment

EEOC defines harassment as unwelcome conduct based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, age 40 or older, disability, or genetic information. It becomes illegal when putting up with it is a condition of keeping your job, or when it’s severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive.

EEOC says sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It also says harassment doesn’t have to be sexual: offensive remarks about a person’s sex count. EEOC says petty slights, annoyances, and isolated incidents aren’t illegal unless they’re extremely serious.

Customers and coworkers

EEOC says the harasser can be a supervisor, a coworker, or someone who isn’t an employee, such as a client or customer. For coworkers and non-employees the employer controls, like customers on the premises, the employer is liable if it knew or should have known and didn’t take prompt and appropriate corrective action. Harassment by a supervisor has stricter rules for the employer.

Who’s covered, and deadlines

The federal law on sex harassment, Title VII, covers employers with 15 or more employees. EEOC says you have 180 days to file a charge, extended to 300 days where a state or local agency enforces a similar law. Your state may have its own rules; DOL keeps a list of state labor offices.

Retaliation

EEOC says the anti-discrimination laws also bar harassment in retaliation for filing a charge, taking part in an investigation, or opposing practices you reasonably believe are discriminatory. For pay complaints, see Can my hours be cut for complaining about pay?

Common mistakes

  • Only telling coworkers, so management can say it didn’t know.
  • Reporting out loud with no dated text or email.
  • Waiting months. EEOC charges have a deadline.
  • Not writing down who saw it.

Official sources

Last verified:

Checked EEOC’s Harassment, Sexual Harassment, and How to File a Charge pages.

Still open: EEOC’s harassment page carries a notice that it is being reviewed for compliance with the law and executive orders and will be revised. Whether specific conduct is illegal is decided case by case.

All Is my manager allowed to do that? questions →

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is not legal, tax, or accounting advice. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.