Sexual Harassment of Customer by Employee

[bhill]

Jurisdiction

Maryland

Hy daughter visited a Jiffy Lube a few months ago and a technician accessed their system, got her phone number and sent her a very sexually explicit text message.
She reported his actions to the Jiffy Lube and she was told he would be terminated but she was also concerned that he had her address as well, so she filed a restraining order against him.

Doe she have a legal case against the Jiffy Lube for allowing this person to access the system to contact her?

Thank you

 

[cbg]

No. He was not acting on behalf of his employer; his actions were not sanctioned by them. They did not "allow" him to contact her. He acted on his own.

 

[zddoodah]

Doe she have a legal case against the Jiffy Lube for allowing this person to access the system to contact her?

No. For starters, your daughter has suffered no damages. Also, your daughter voluntarily provided the personal contact info.

 

[Tax Counsel]

No. For starters, your daughter has suffered no damages. Also, your daughter voluntarily provided the personal contact info.

I agree the answer the answer is no because of lack of economic damages if the claim at issue is one of negligence by allowing the employee access to customer records.

However, lack of economic damages would not be a problem for a claim of sexual harassment. Maryland law does allow noneconomic damages in a sexual harassment claim and it also allows for a lawsuit by a customer the employer of the harassing employee. The problem with this is, as cbg pointed out, the act of sexual harassment was outside the scope of the employee's employment,.

The answer is no either way, but the reason why is differs based on the nature of the claim brought.