Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against potential harassment by non-employees as well.
Cornered at the Beer Tub
Laura Wong worked as a beverage server at Rivers Casino in Des Plaines, Illinois. As provided by state and federal law, Rivers Casino had a harassment policy prohibiting harassment of its employees by coworkers, supervisors, and third parties.
Wong worked at one of the casino’s beer tubs, which was a stand-alone beverage station located in the middle of the gambling area.
Over the course of eight days, Wong complained she had been harassed by patrons on five different occasions:
- July 6: Wong was offended when a customer walked to the side of the beer tub and asked Wong to go on a date with him. Wong’s food and beverage supervisor told the customer he wasn’t permitted behind the beer tub, and the supervisor placed a garbage can to prevent other customers from accessing the area behind the tub.
- July 7: Wong requested a retractable barrier for the beer tub, and a supervisor advised that stanchions preventing access would be installed. No barriers were installed, however, and Wong reported that more customers came behind the beer tub.
- July 13: Wong reported to a supervisor that two men had walked behind the tub, stating to her that they “wished they weren’t married” and asked Wong if “she would go out with them.” When the supervisor told Wong that she “would see what she could do,” a coworker moved a garbage can as a temporary measure to block-off customers.
- July 14: A customer walked around the beer tub, hugged Wong, and kissed her on the cheek. Later that same shift, a different customer pinched Wong’s waist. When Wong reported the earlier encounter to the casino’s security advisor, Wesley Chow, Wong told Chow she didn’t want the customer who hugged and kissed her to be “evicted” from the casino—she just wanted him to stop. Chow identified the offending customer in a surveillance video and submitted a report to the director of human resources.
Soon thereafter, permanent stanchions were placed around the casino’s beer tubs to deter customers from invading employee work areas. The customer who kissed Wong was banned from the casino for one year and told he would be subject to arrest if he violated that ban. Nevertheless, the customer returned to the casino before the one-year ban ended, and Wong resigned.
Casino Sued for Customers’ Harassment
After resigning, Wong sued the casino and argued that the cumulative instances of customer harassment created an unlawfully hostile work environment. Although Wong didn’t claim any of the harassing behavior was carried out by casino personnel, she contended that the casino didn’t take prompt and reasonable corrective measures after she reported the customers’ conduct.
Wong pointed out that the harassment “continued to escalate in severity” until the protective stanchions were finally put in place around the beer tubs. She also criticized the casino’s failure to effectively enforce the one-year ban of the customer who kissed her.
Wong’s sexual harassment lawsuit against the casino will go forward, after the court ruled a jury will hear the evidence and decide whether the employer took reasonable steps to protect Wong against the harassment of its customers. Wong v. Midwest Gaming & Entertainment LLC, No. 2020 L 000131 (Ill. App. Ct. 3/31/23)
Don’t Roll the Dice
Under both federal and state laws, employers are obligated to maintain a harassment-free work environment. That means employers are potentially liable for the harassing behavior of customers, clients, or other third parties if they know about possible harassment and fail to promptly and properly put a stop to it.
Make sure your employees know that harassing conduct—from any source—in the workplace won’t be tolerated. Encourage employees to bring harassment concerns to your attention immediately, including situations involving a patron or business partner. Harassment issues involving third parties must be addressed by employers in the same fashion as complaints of harassment by coworkers or supervisors.
Charlie Plumb is an attorney in the Tulsa, OK, office of McAfee & Taft. You can contact him at charlie.plumb@mcafeetaft.com.