Question
A male customer of a sports bar has taken a particular liking to one of the waitresses and always asks to be seated at her
A male customer of a sports bar has taken a particular liking to one of the waitresses and always asks to be seated at her station so that she will wait on him. He has spoken to the manager of the bar and generously tipped him to ensure that he will be seated in her station. The waitress does not want to wait on the customer because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She complains to the bar manager and asks him to seat the customer at a different station, but the manager tells her the customer is a regular who tips well, and she should be nice to him. If she files suit for harassment, what will the court most likely rule?
a. for the employer because the customer is not an employee for whom the employer is responsible
b. for the employer because the customer has not committed harassment
c. for the employee because the customer has committed harassment and employers are vicariously liable for the acts of their customers
d. for the employee because the customer has committed
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