The EEOC filed a lawsuit against RSPS Holdings, a franchisee of Shane’s Rib Shack, for sexual harassment and retaliation. The lawsuit contends that a teenaged female employee was subjected to unwanted comments about her appearance by an older male manager. The manager also reportedly cornered the employee in areas of the restaurant that didn’t have a camera and requested a hug or attention from her. The employee complained to her supervisor multiple times, but the restaurant did not take any remedial action to protect her. Instead, the employee was terminated after making another complaint.
Sexual harassment violates Title VII
The conduct of the manager violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment and retaliation. The EEOC attempted to reach a settlement before filing the lawsuit. The lawsuit is asking for backpay, compensatory. and punitive damages for the employee. The EEOC is also asking for injunctive relief against the company to prevent future discrimination. An attorney with the EEOC said,
“When the franchisee learned about the misconduct, it should have taken reasonable steps to correct it. Instead, the company punished a teenage employee for exercising her rights, rather than the individual who was harassing her. The EEOC will fight to correct the injustices perpetrated in this case.”
Know your responsibilities as an employer
The restaurant and hospitality industry has some of the highest claims of sexual harassment, often from customers instead of colleagues. Traditionally, restaurants are owned and operated by men, which can be a difficult environment for women to work in. Many young people, especially young women, work in the industry. Younger employees in any environment aren’t often aware of their rights and what behavior is acceptable and what isn’t.
In this case, the very people who should have stepped in to stop the manager’s behavior, didn’t. It may take months for this case to move through the process, but if the EEOC prevails, it could be an expensive lesson for the business.
Make sure your organization isn’t part of the problem by taking care of employees who complain about unwanted sexual conduct.
