Sexual harassment at work is unacceptable and a breach of state and federal anti-discrimination legislation.
Employers or supervisors at fast food outlets who sexually harass their employees, or fail to protect their employees from sexual harassment, face fines or a lawsuit if sufficient proof can be submitted to the Equal Employment Opportunities Commission (EEOC).
Before filing a complaint to the EEOC, you should make sure you have attempted to report the unsolicited behavior to your supervisor or manager.
Your fast food employer may have a detailed company policy outlining what to do if you experience sexual harassment.
If you cannot report our experience to a supervisor, send a written report with evidence of the harassment to your company headquarters. File a complaint to the EEOC if nothing changes and the harassment continues.
Report the Incident
There are two main steps you should take before filing a formal complaint with the EEOC. The first is to make an attempt to report the harassment incidents to a supervisor, manager or company headquarters or regional management.
Include whatever evidence you can submit with your report. If you work for a large fast food chain, there may be a company policy statement regarding what you as an employee should do if you face any type of harassment, including sexual harassment. It is best to follow the procedure first before trying any other way of reporting your experience.
Note that anti-sex discrimination laws define sexual harassment as “any type of unwanted sexual advances and / or sexual contact, including physical contact, cat-calls and voice comments, slurs, innuendo, electronic communication and hard copy letters or notes. Sexual harassment is illegal at work, whatever your gender or sexual orientation.
Gather Evidence
It is important to be able to submit as much evidence as possible of the incidents of sexual harassment.
At the very least this could take the form of noting when the incidents took place, where they took place, who was the harasser and what form of harassment was involved.
You may also be able to obtain as much as possible of the following types of evidence, all of which will help build your case, whether you just report the incident, file a complaint or end up filing a lawsuit:
- Evidence of communication: emails, text messages, voicemail messages, notes and letters, social media comments and messages;
- Audio or video recordings: although hard to obtain without some planning, if the harassment is constant, this could be done with the help of a cell phone voice recorder or video app.;
- Extract from company policy on sexual harassment;
- Reports from a doctor, counselor or psychiatrist about emotional, psychological or physical effects you have endured because of the harassment;
- Statements from fellow employees who have witnessed the harassment at work;
- Copy of your report to your supervisor / manager/ regional manager regarding the incidents and their response, if any.
Filing a Claim for Sexual Harassment as a Fast Food Worker
Sexual harassment at work is illegal and employers who fail to provide protection may be sanctioned according to state or federal law.
The federal anti-discrimination law, Title VII of the Civil Rights Act of 1964 is the mainstay of legislation against sexual harassment at work, overseen by the EEOC.
It applies to larger workplaces of more than 15 employees. State anti-discrimination laws also prohibit sexual harassment at work and can be used when you work in a small workplace.
Once you get to the stage where your employer refuses or fails to act, then it is time to file a formal complaint with the EEOC.
The EEOC should appoint an investigator to find out whether your complaint is justified and whether your employer has contravened laws which are designed to protect you from unwanted sexual harassment.
They may be able to ensure that harassment stops, or decide to issue a fine, or other penalty against your employer. They may also decide to file a lawsuit on your behalf or permit you to file a private lawsuit with the help of our own attorney.
Such permission will come in the form of a ‘right to sue’ letter which you can use to pursue a lawsuit through a federal or state court. Successful lawsuits may result in you obtaining financial damages and pay court fees and lawyers’ fees.
Get a Free Case Evaluation
Use an employment lawyer to help you with your sexual harassment case. You are welcome to get a free case evaluation by using the form below.
