When you show up to work there are things that you expect as an employee. You expect to be compensated for the work you do, and you expect to be able to work in a safe environment. It is up to your boss or manager to ensure that your work environment is a safe one, and when things happen that make you feel unsafe you should feel comfortable telling your manager.
Unfortunately, when it comes to sexual harassment in the workplace, your manage could be the one causing the problem and this puts you, as the employee and as a subordinate, in a very uncomfortable position.
Sexual harassment is an umbrella term that includes any instance of unwanted sexual advances and includes requests for sexual favors, jokes of a sexual nature and unwanted verbal or physical sexual contact. Harassment can also include jokes about a gender as a whole. It is important to note that the harasser can be male or female, and that harassment can take place between members of the same sex.
If you find yourself in a situation where you have been harassed by your restaurant manager, you need to understand your options and how to proceed if the person harassing you is the highest ranking employee on site. You also want to make sure you are protected from retaliation if you report your manager for harassment.
Sexual Harassment in the Restaurant Industry
There are many employees in many industries who suffer from sexual harassment but employees in the restaurant industry report sexual harassment more than other types of harassment or discrimination. When restaurant sexual harassment takes place it’s the job of the employer to stop it occurring as it is unlawful under federal and state law.
However, one of the key problems when sexual harassment takes place is it may be subtle and confusing to identify as not every form of communication between employees, employers and clients that involves communication which may refer to the victim’s sexual characteristics would be considered sexual harassment.
An example could be positive comments about the person’s appearance. If the harasser touches the victim without permission or demands sex for favors such as cash and the victim doesn’t agree then this may be considered sexual harassment. Other forms of sexual harassment could be any of the following:
- leaving sexually explicit notes for the person;
- stalking him or her and then using force to touch or caress;
- sending sexually explicit text messages or recordings in voice mail.
Employees should be able to work in an environment free of harassment and this includes in the restaurant industry. If the employee is unable to perform his or her assigned duties a complaint should be lodged with the restaurant manager who should immediately take up the matter with the harasser.
The employee should provide all the evidence proving sexual harassment has taken place. This could include any notes, text messages, voice mail messages and witnesses’ statements. If the employer fails to stop the sexual harassment the employee has the right to take up the matter of the restaurant sexual harassment with the Equal Employment Opportunities Commission (EEOC) which is responsible for enforcing the law.
What to Do
Once you believe you have been the victim of sexual harassment, either a one-time event or ongoing harassment, you need to make sure you follow the proper steps so that you can put an end to the behavior. The reality is that every situation is different, and a lot will depend on your specific place of employment.
If you’re working in a restaurant that is part of a chain, then there is likely someone who oversees human resources to whom you can report the incident. However, if you’re working in an independently owned restaurant your manager might be the only person to whom you can report, which is problematic.
In either case, if you have been the victim of sexual harassment by your restaurant manager then you need to gather as much evidence as possible, you need to identify who can take your report and then you might need to speak with an attorney depending on your circumstances.
How to Write a Sexual Harassment Complaint Letter
If you work in the in the service industry and you have been sexually harassed by your restaurant manager, there are a couple of steps that you have to take if you choose to file a claim.
Sexual harassment in the workplace is illegal. If you have experienced sexual harassment in the workplace by your restaurant, you should report the incident or incidents to your employer.
When you are ready to file a complaint, the first thing that you need to do is to send a formal letter to your human resources department to let them know what happened.
The first thing you need to write in your sexual harassment complaint letter is the subject line. It is actually one of the most important part of the letter because it should stand out and should not confuse the human resources department on what it is about.
The subject line should say something along the lines of: Official Complaint of Sexual Harassment. You will need to address the letter to whoever handles human resources at your company.
The body of the email should explain who has been sexually harassing you, what that person did, where the incident or incidents occurred and when they happened.
You should also write down in your letter if there were any witnesses that saw your restaurant manager sexually harassing you. That will help human resources when they investigate the matter. You should then conclude the letter in a professional manner.
Gather Evidence
Many cases of sexual harassment take place in private, away from other employees, though it is possible that a manager might make inappropriate jokes or advances while in a group of people. The first thing you need to do is gather evidence that an incident of sexual harassment took place. This will depend on the circumstances, of course, but generally you need to make note of the time, date and place the incident (or incidents) took place and who was involved.
The time and date of the incident is important so that your story can be corroborated with time cards and security camera footage if someone tries to say they weren’t present when the incident took place.
If other people were present then you can ask them to serve as witnesses to the behavior. You can see if there is security camera footage of the incident, which can support your case.
In some cases, there could be emails, texts or voicemails that provide evidence of the harassment. Make sure that you have a copy of all of these things so that they can be presented as evidence. Making a copy of them also prevents your manager from trying to delete them later.
Reporting
In most business settings there is a person who serves as the human resources liaison for the company, or human resources could be an entire department if the business is large enough. This could be the case for a restaurant chain, but when it comes to a smaller restaurant that is independently owned, like a “mom and pop” restaurant, you might find that the person you need to report the harassment to is the harasser.
If you don’t have a human resources representative to speak with, then you can talk to another manager about the incident, and that manager can report the incident to the restaurant owner.
In some cases, though, your manager is also the owner, and that means there is no other outlet to report the incident.
Whether you are able to file a report with human resources or if you don’t have an HR representative to go to, you have options of what to do next.
If you do not believe that your restaurant will protect you from the harassment, then you can file a claim with the United States Equal Employment Opportunity Commission (EEOC) or you can file a private lawsuit. In either case, consulting with an attorney is a good idea to make sure you receive the maximum damages to which you are entitled.
What Happens Next?
After you send in your complaint for sexual harassment against your restaurant manager, your human resources will investigate the matter.
They know that sexual harassment in the workplace is illegal, so they should take it seriously, especially if the perpetrator works in management.
Your company will keep this complaint in a personnel file, as well as your perpetrator’s file to determine if other instances of sexual harassment have occurred in the past.
Your company should take care and settle the matter. However, if your company does not resolve this matter or resolves in a way that you believe in unsatisfactory, then you may want to seek help from an employment law attorney.
If you seek the counsel of an employment law attorney, your attorney can help you file a claim against your employer to both state and federal agencies.
If you file a claim for sexual harassment in the state level in conjunction to filing a claim with the EEOC, which is the federal agency that handles investigating discrimination in the workplace.
You cannot sue your employer for sexual harassment, unless you have filed your claim with the EEOC. Your employment law attorney can help make sure that you have all your evidence in order to filing your claim.
If you work in the service industry, such as a hostess, waiter, or in the kitchen and your restaurant manager sexually harasses you, that is illegal and you should file a formal complaint against your preparator in the form of a sexual harassment complaint letter.
Get a Free Case Evaluation
Sexual harassment claims are difficult because victims must report all of the details to another party, and this can be awkward, embarrassing and uncomfortable for victims who have already been upset by the unwanted encounter(s).
Talking to an employment attorney can be helpful to not only determine next steps, but to have someone working on your behalf through a very difficult situation.
Employees who do not believe that their concerns are being addressed, or those who do not have anyone to report the harassment to, can either file a complaint with the EEOC or they can file a lawsuit against their employer.
Employees have 180 days to file a sexual harassment claim against an employer, so it is important to get started quickly so as to not run out of time to file a claim.
Having an attorney is also helpful in preventing acts of retaliation. Under federal law, employees are protected against acts of retaliation including pay cuts, loss of hours, being given more work than usual or any other treatment or situation that wasn’t present before a complaint was filed.
Some employment law attorneys will meet with you for a free or reduced fee consultation to discuss your case, and many of them work on a contingency basis so they do not require payment up front and are only paid if you win your case.
Though hiring an employment attorney does not guarantee that you will win your case, it does greatly increase the odds of a favorable outcome.
To find out how an employment attorney could help you, fill out a free case evaluation.
