Second-guessing the advice columns: Customer and co-worker harassment

Take Dear Abby's employment law advice with a grain of salt.

I used to regularly post here on what the advice columnists in the media were saying in response to questions about workplace situations. It looks like my last one was in 2023.

What? It's 2026 already?

Aged parchment style background with distressed edges featuring the quote "NO ENEMY IS WORSE THAN BAD ADVICE" followed by the name Sophocles. The vintage design and worn texture give the quote an old fashioned timeless feel.Dear Abby: Did Sophocles really say that? Abby: He sure did.

I love the advice columns. But Dear Abby had one this week that I just had to rant about. A letter writer in a customer-serving role said that customers and at least one co-worker were regularly hitting on her. She had tried to let them know that she wasn’t interested, but they weren’t taking the hints. She asked Abby what to do about it.

Abby started out fine. She told the writer to review her employer’s harassment policy. Always a good idea. But then she showed why, if you’re having problems in the workplace that might have legal ramifications, you should not be consulting with generic advice columnists.

(There are some advice writers who have backgrounds in Human Resources or business, such as Alison Green of the Ask a Manager blog, and Karla Miller, who recently shut down her column in the Washington Post. Another good one was Greg Giangrande, who had an employment-related column in the New York Post, but it doesn’t look like he’s written since 2024. In any event, these columnists provide -- or provided -- generally reliable advice about employment-law-related issues.)

Back to Dear Abby

With the harassing customers, Abby’s only suggestion was that the letter writer might want to think about wearing a fake wedding ring. More on that in a sec.

As far as the harassing co-worker was concerned, here was Abby’s advice in its entirety:

Start documenting what he has been doing and warn the other female employees. The next time it happens, inform him that the name for what he’s doing is harassment. It’s unwelcome and you will report it to your boss. If that doesn’t discourage him, follow through, because it could cost him his job.

This isn’t 100 percent wrong, but it isn’t 100 percent right, either.

True confession: I was a waitress at an airport restaurant for two summers while in college, and getting hit on by customers was a normal part of the job. In those days, sexual harassment was still legal.

(I also walked to school 10 miles in the snow. Every day. Even in August.)

So I did the wedding ring trick myself.

Close up of a woman with her eyes closed embracing a partner while showing an engagement ring on her finger as she rests her hand on his shoulder."Darling, with this ring no one will ever sexually harass you again."

My wedding ring trick did not end the bad behavior. In fact (this is really true, I promise), one customer, after I told him I was “married” and flashed my “wedding band” at him, replied without missing a beat, “Well, do you fool around?”

Very funny.

This guy aside, the fake ring did help somewhat. So Abby isn't completely off base. But she could have done better.

Let’s take the customers and the co-worker separately. What should Abby have said?

This is where the blog gets serious

Customer harassment.

It’s not unheard of for employees to be harassed by customers of the employer’s business. Also by other non-employees, such as vendors. Usually, the harassment is sexual, but sometimes it’s not. For example, hospitals and nursing homes sometimes have patients with dementia who use very racially offensive language directed at Black employees.

Employers are legally required to do what they can to protect their employees from harassment by third parties, including customers. So employees who are the victims of customer harassment – sexual or otherwise – should promptly notify the employer. Ideally, the employee would go straight to HR, but he or she may go to the supervisor instead. In that case, the supervisor should take it straight to HR. There are more effective ways to address sexual harassment than relying on the wedding ring trick. And I’m not aware of any equivalent to the ring trick in the racial harassment context.

Dealing with customers who harass (as opposed to vendors or employees) is tough for businesses because they depend economically on their customers and understandably want to keep the business if they can. But there are workarounds that may protect the employee without alienating the customer.

The most obvious workaround is The Swap. It might be possible for the employee-victim to simply stop working with the harassing customer and for another employee who is viewed as less “attractive” to assist instead. In the case of a heterosexual male customer who is harassing female employees, the ideal substitute would be a guy.

Bald man with a gray beard wearing a black t shirt stands against a plain light background with his arms crossed."Caitlyn is in meetings until October 2031. I'm Sledge. How may I help you?"

But if the behavior is bad enough, the employer may have no choice but to be more direct with the customer, or even stop doing business with the customer.

Racial harassment by a dementia patient is more difficult to address because the “harasser” is a sick patient who can't help him/herself. But in this type of situation as well as the sexual harassment scenario, the simplest solution might be to swap patient assignments between the Black employee-victim and a non-Black colleague.

The Swap can also work well where a member of the public, whom the government is sworn to serve, is harassing a government worker.

Co-workers.

Harassment by co-workers is usually easier for employers to address. I don’t have a problem with Abby’s advice about documenting the incidents. But the very best thing the letter writer could do is go straight to HR and report the harassment. There will be plenty of time afterward to document (and maybe find some corroborating witnesses).

As far as warning co-workers, the letter writer did not indicate that the co-worker was harassing anyone but her. There is no guarantee that her co-workers will agree with her. Some may side with the alleged harasser, which could cause even bigger problems for the letter writer. If she reports the harassment the right way (to HR), the co-worker may be placed on a final warning or even fired, making warnings to co-workers unnecessary. To the extent that any warnings are needed, HR may prefer to handle.

Unlike Abby, I would never give blanket advice to a harassment victim to confront the harasser directly. Sometimes that works, but it can backfire. The harasser may become hostile, threatening, or even violent. He might start stalking the victim. If he’s more subtle, he might start sabotaging her on the job. He might even make false complaints about her to HR.

The best general recommendation, applicable to all personalities and in all situations, is not to engage directly with the harasser, but to promptly report the behavior to Human Resources and then handle as HR recommends. No point in asking Dear Abby about it, apparently.

On the other hand, if you have a no-good lazy 35-year-old kid who won't get a job and doesn't lift a finger to help around the house, by all means Ask Abby. (Or is that Ask Amy? Oh, my gosh - she quit, too! No wonder I haven't written one of these since 2023!)

  • Smiling older woman with short gray hair and glasses, wearing a dark gray cardigan over a black top and a beaded necklace, with arms confidently crossed. She has a warm, approachable demeanor and a professional presence against a transparent background.
    Of Counsel & Chief Legal Editor

    Robin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.

    Robin is editor in chief ...

This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.

Search

Get Updates By Email

Subscribe

Archives

Legal Influencer Lexology Badge ABA Web 100 Badge
Jump to Page

Constangy, Brooks, Smith & Prophete, LLP Cookie Preference Center

Your Privacy

When using this website, Constangy and certain third parties may collect and use cookies or similar technologies to enhance your experience. These technologies may collect information about your device, activity on our website, and preferences. Some cookies are essential to site functionality, while others help us analyze performance and usage trends to improve our content and features.

Please note that if you return to this website from a different browser or device, you may need to reselect your cookie preferences.

For more information about our privacy practices, including your rights and choices, please see our Privacy Policy. 

Strictly Necessary Cookies

Always Active

Strictly Necessary Cookies are essential for the website to function, and cannot be turned off. We use this type of cookie for purposes such as security, network management, and accessibility. You can set your browser to block or alert you about these cookies, but if you do so, some parts of the site will not work. 

Functionality Cookies

Always Active

Functionality Cookies are used to enhance the functionality and personalization of this website. These cookies support features like embedded content (such as video or audio), keyword search highlighting, and remembering your preferences across pages—for example, your cookie choices or form inputs during submission.

Some of these cookies are managed by third-party service providers whose features are embedded on our site. These cookies do not store personal information and are necessary for certain site features to work properly.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek