When Are Employers Liable for Harassment from Customers?

We often warn our clients that not only do they have to watch out for the inappropriate actions of their employees, but also the creepy conduct of their customers. This comes in part from the EEOC’s long-standing guidance: Employers can be held liable for the harassment of non-employees (customers, vendors, etc.) if the employer is aware of the harassment and fails to correct it. But on August 8, 2025, the Sixth Circuit came to a different conclusion in the case of Bivens v. Zep, Inc. In that case, Dorothy Bivens went to visit a company customer—a motel. When she entered the motel manager’s office, he locked the door behind her and asked if she would go on a date with him. She said no thanks, and the motel manager unlocked the doo

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