A Male Customer of a Sports Bar Has Taken a Particular

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 insure that he will get her station. But 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 asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her 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 does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
B) for the employer, because the customer has not committed harassment
C) for the employee, because the customer has committed harassment
D) for the employee, because the customer has committed harassment, the employer knew about it, and did nothing