Lost in translation: Gaps between law and practice in customer-perpetrated sexual harassment

Abstract

In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers may be legally responsible for sexual harassment perpetrated by customers if they have not proactively sought to minimise or prevent harm. We conclude that customer-perpetrated sexual harassment needs to be urgently recognised as unacceptable conduct and urge employers to play a key role in combating the phenomenon.