What Are Examples of Customer Harassment? Explaining Key Points for Countermeasures from Court Cases

In recent years, the issue of “customer harassment,” commonly known as “casuhara,” where employees are troubled by malicious claims, has been on the rise. Companies have a duty of care for the safety of their employees, making it crucial to implement appropriate measures against casuhara. However, many may not clearly understand what actions constitute casuhara.

By becoming aware of casuhara incidents, you can also grasp the necessity of measures to combat it.

This article will introduce actual cases of casuhara and court precedents where the duty of care for safety was questioned, and explain the countermeasures that companies should take against casuhara in Japan.

What is Customer Harassment?

Customer harassment, or “customer hara” in Japan, is a type of harassment that damages the working environment of employees. In fact, there is no clear legal definition of customer harassment under Japanese law.

However, based on information from corporate surveys and interviews, the Ministry of Health, Labour and Welfare in Japan defines customer harassment in the workplace as follows:

Claims or behaviors from customers that, considering the reasonableness of the content of such claims or behaviors, employ means or manners that are socially inappropriate to achieve their demands, thereby harming the employee’s working environment.

Ministry of Health, Labour and Welfare | Customer Harassment Countermeasures Manual

Not all complaints from customers or business partners constitute customer harassment. Voices from customers seeking improvement in products or services should be sincerely addressed as legitimate complaints. However, there are also malicious complaints that involve excessive demands or unfair accusations.

Dealing with malicious complaints that qualify as customer harassment can be a significant burden for employees.

Criteria for Determining Customer Harassment in Japan

According to the definition of customer harassment (casuhara) set by the Japanese Ministry of Health, Labour and Welfare, it is clear that the following two points are crucial in determining whether an act qualifies as casuhara:

• The validity of the customer’s claim
• Whether the means and manner used to achieve the demand are generally considered appropriate

For more information on the criteria for judging casuhara and methods for dealing with it, please refer to the article below.

Related article: What is Customer Harassment, Which is Becoming a Social Issue? Explaining the Measures Companies Should Take and the Crimes Involved

Specific Examples of Customer Harassment (Kasuhara)

Customer harassment (Kasuhara) refers to all types of nuisance behavior from customers, which can vary widely and have serious impacts on employees. It is crucial for businesses to consider these examples when devising measures against Kasuhara and to create a safe working environment for their employees.

Here, we will look at specific instances of Kasuhara that have been revealed through court cases and media reports, to understand the various forms it can take.

Physical Assault and Injury: Acts of Physical Aggression

Acts of physical aggression are among the most egregious forms of power harassment, threatening the safety of employees. Specific examples include:

• Pushing a station employee who cautioned a passenger for stepping outside the tactile paving on a train platform.
• Grabbing and dragging an employee by the collar for perceived poor customer service at the register.
• Engaging in intimidating behavior such as throwing shoes and striking chairs while yelling in the workplace.
• Striking, pinching, spitting at, throwing objects at, and damaging work equipment directed at nurses.
• Trampling on and hitting a station employee with an umbrella while dealing with an intoxicated customer.

Threats, Defamation, and Verbal Abuse: Psychological Attacks

Psychological attacks through words and behavior, also known as power harassment, can impose significant mental stress on employees.

• Made threatening remarks such as “I’ll kill you” or “I’ll set your house on fire.”
• Uttered abusive language like “Die” or “Idiot” during complaint calls.
• Intimidated by yelling loudly due to slow customer service response.
• Shouted at nurses for their procedures or care, using phrases like “You’re terrible” or “Get out.”
• Made personality-assassinating comments to call center staff, such as “You’re not only stupid but also have a bad personality.”
• Threatened by hinting at exposing information to social media or the press.

Persistent and Relentless Behavior

Acts of harassment that are not isolated incidents but are repeated multiple times can also exhaust employees and constitute a form of power harassment in Japan.

• Repeatedly visiting the store to make complaints.
• Filing complaints across multiple departments on numerous occasions.
• Making over 100 silent or unresponsive phone calls.

Restrictive Actions

Actions that detain employees for extended periods and deprive them of their freedom also constitute power harassment under Japanese employment practices.

• Continued to interrogate for over two hours despite explaining that a refund was not possible.
• Demanded an apology at the customer’s home, forcing apologies until late at night for four days.
• Refused to accept the staff’s response and remained in the store for an extended period.
• Lectured a delivery person under the scorching sun for a long time.

Unreasonable Demands Without Just Cause

Demands that are clearly unfair in light of social norms also constitute harassment.

• Made excessive demands such as “Fix the bug by tomorrow through an all-nighter.”
• A customer who used a taxi due to train delays repeatedly demanded reimbursement for the taxi fare.
• Requested free repairs for a product purchased 20 years ago.
• Every time they stayed at a hotel, they pointed out cleaning deficiencies in the room and demanded an upgrade.
• Demanded a replacement for a product that malfunctioned due to their own fault.
• Forced a store clerk to apologize on their knees because the product was scratched.

Discriminatory and Sexual Behavior

Discriminatory remarks related to race, gender, sexual orientation, as well as obscene behavior, also constitute serious harassment in the workplace.

• Over the phone, someone made sexually harassing comments such as “I want to keep talking to you” and “Tell me your first name.”
• An employee’s hand was grabbed, and their contact information was repeatedly requested.
• A nurse’s body was touched irrelevant to care.
• At a convenience store register, a customer demanded a staff change stating, “I don’t want to be served by a foreigner.”

Court Cases Involving Customer Harassment Issues in Japan

Here, we introduce court cases where troubles caused by customer harassment became an issue.

The Case of a Nurse Assaulted by a Hospitalized Patient

A hospital nurse was assaulted by a delirious patient during night duty, resulting in a cervical sprain and contracture of the left upper limb, which led to a leave of absence.

Several months after returning to work, the nurse was again subjected to violence, such as being grabbed by the arm by a hospitalized patient, which caused a fear-induced adjustment disorder, making continued employment difficult.

In this case, the hospital was held responsible for failing to fulfill its duty to prevent harm to the nurse’s body. (Tokyo District Court, February 19, 2013 (Heisei 25))

There are other examples of customer harassment related to hospitals and caregiving professions, such as:

• Being touched inappropriately under the guise of nursing care.
• Being excessively demanded to visit by the family of a care recipient.
• Receiving verbal abuse after explaining the prohibition of visitation during the COVID-19 pandemic.

The Case of Trouble Between a Supermarket Employee and a Customer

A customer, dissatisfied with the attitude of a supermarket employee, loudly berated the employee and demanded that the store manager fire the said employee.

However, the court stated that while the customer’s behavior was rude, it did not involve violence or constitute a criminal act that warranted prosecution.

Furthermore, the employee’s remarks were also problematic, and it was pointed out that the employee’s inconsiderate response caused discomfort to the customer.

The employee quickly returned to work without any recognized mental harm, and the customer’s actions were not deemed unlawful. (Tokyo District Court, November 2, 2018 (Heisei 30))

The Duty of Care for Employee Safety Imposed on Companies Under Japanese Law

Companies in Japan have a duty of care for the safety of their employees. This duty of care is stipulated in Article 5 of the Japanese Labor Contract Act as follows:

Article 5: The employer shall, in accordance with the labor contract, consider the necessary measures to ensure that the worker can perform their work while securing their life, body, and other aspects of safety.

e-Gov Legal Search | Labor Contract Act

Customer harassment, or “power harassment,” is a situation that directly harms the safe working environment of employees.

If a company fails to take any measures against such harassment or can only respond inappropriately, it may be held liable for violating its duty of care for safety. Since there is also a possibility of being claimed for damages by employees, it is crucial for companies to implement effective measures against customer harassment.

Cases of Alleged Violation of Duty of Care Due to Customer Harassment in Japan

This section introduces cases where companies in Japan have been accused of violating their duty of care due to the occurrence of customer harassment (casuhara).

Case of a Nursery Teacher Suffering Severe Psychological Stress

A nursery teacher developed and worsened depression, eventually being driven to suicide, due to a scandal over alleged child abuse raised by a parent. The nursery teacher’s family accused the nursery of violating its duty of care.

Despite the foreseeability that the nursery teacher might develop depression and become suicidal, it was pointed out that counseling and interviews were not functioning effectively.

In court, the nursery was found to have violated its duty of care for not taking measures that could have reduced the psychological burden. (Nagasaki District Court, Reiwa 3 (2021) January 19)

Case of a Call Center Employee Subjected to Verbal Abuse

This case involved a call center employee who was verbally abused over the phone and accused the company of violating its duty of care.

In the trial, the following measures taken by the company to protect its employees were considered:

• Senior staff members were monitoring the communicators’ calls in sequence, constantly checking for incoming calls that were difficult to handle.
• Communicators were allowed to disconnect immediately based on their judgment and were permitted to remove their headsets or switch to an automated voice response.
• The company had established a system that allowed for free counseling, stress checks, and guidance from occupational physicians.

In this case, the company was deemed to have sufficiently established response manuals and rules, and therefore, the violation of the duty of care was not recognized.

Measures Companies Should Take to Prepare for Customer Harassment in Japan

In light of these customer harassment cases, we will explain the measures that companies should take to address customer harassment in Japan.

Clarify Basic Policies and Ensure Employee Awareness

When advancing customer harassment measures, first establish and communicate a clear basic policy within the company.

By demonstrating a commitment to protecting employees, companies can provide a sense of security that measures against customer harassment are in place. This also raises awareness among employees about preventing customer harassment, making it easier to discuss related issues in the workplace.

Once the basic policy is established, conduct training to deepen employees’ understanding of customer harassment.

Establish a Consultation and Response System

It is crucial to have an environment where employees can easily consult about customer harassment issues when they arise.

Decide in advance who employees should consult in the event of trouble.

Immediate supervisors or on-site managers are often suitable points of contact for employees seeking advice on customer harassment, as they can provide swift responses.

It is also important to develop a manual outlining the procedures for those who receive such consultations. Building a system that allows smooth coordination with relevant departments and external organizations can lead to quick problem resolution.

Determine Procedures for Handling Complaints When They Arise

The procedures for responding to employee consultations about customer harassment should be predetermined, anticipating all possible troubles.

The specific flow of responses will vary depending on the nature and format of the work, but consider the following points:

• Process for sharing information
• Whether to record phone calls
• Points to note when eliciting customer requests
• Number of people responding to complaints
• Timing of apologies
• Current status of personnel and services

Never Neglect Considerate Measures for Employees

If an employee becomes a victim of customer harassment, the company must promptly take considerate measures.

In cases of violence or sexual harassment, quickly separate the employee from the customer to ensure their safety. Collaborating with attorneys or the police can also be effective.

Furthermore, customer harassment can cause significant mental strain, so it is crucial to provide continuous aftercare. Considering the potential for mental health issues, it is important to have a system in place that allows employees to seek medical attention when necessary.

Conclusion: Consult a Lawyer for Customer Harassment Prevention Measures

Customer harassment can occur in various forms depending on the service provided and the business model.

To deal with sudden incidents appropriately, it is essential to deepen your understanding of customer harassment through past cases and to take preventive measures in advance. If you feel uncertain about making decisions within your company regarding customer harassment prevention, we recommend consulting with a lawyer.

By consulting with a lawyer and preparing appropriate measures in advance, you can ensure a swift response when customer harassment does occur.

Guidance on Measures by Our Firm

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