“He’s a Regular. Just Deal With It.”

“He’s a regular. Just deal with it.”

That is what her shift manager said.

The customer had been coming in for two years. He always asked for her section. He commented on her body, her hair, what she was wearing under her uniform. He left big tips and the manager called him “good for business.”

She said something. The manager said the line above.

Then he said it again the next week.

Here is what most people do not know: under Title VII and FEHA — with FEHA controlling in California — your employer is responsible for harassment by a customer, vendor, contractor, or any non-employee when the employer knows or should know and does not take action to stop it.

Control over the harasser is not required.

The law looks at what the employer did with what it knew.

What the employer said does not decide the case. What the employer did decides the case.

Available employer responses are wider than most workers realize:

• Reassign you to a different section, shift, or location with no loss of pay or hours.

• Limit the customer’s access — refuse service, ask him to leave, or ban him.

• Warn the customer in writing.

• Restructure who handles his table or his account.

• Terminate the business relationship.

If the response was “just deal with it,” that is the evidence.

If the response was “we cannot lose this customer,” that is the evidence.

If the response was nothing, that is the evidence.

Three things to know about timing. California has deadlines on these claims. The deadlines start running before most people realize a claim exists. And the documentation you keep now — texts to coworkers, dates, what was said, who saw it — is the documentation the case will turn on.

You do not have to accept harassment because the harasser is a customer.

Your employer’s job is to protect you on the job. The law sees the difference between a workplace and a tip jar.

This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.