EEOC Files Male-on-Male Harassment Suit Against Cheesecake Factory
The EEOC has filed a class-action lawsuit against Cheesecake Factory, Inc., alleging that the company failed to take adequate action to stop male-on-male harassment at one of its restaurants.
The Facts
The EEOC contends that three male employees were sexually harassed by other male employees at the chain’s Chandler, Arizona restaurant. Among other things, the suit alleges that the men were subjected to repeated verbal harassment, fondling, groping and simulated sex.
According to EEOC attorney Mary O’Neill, the alleged victims were “constantly worried about being grabbed” and faced “unwelcome conduct of a sexual nature that made all these guys feel uncomfortable and unsafe, and affected their ability to really do their jobs.” She says that Cheesecake Factory managers failed to stop the harassment and “seemed to find the whole thing amusing.”
One alleged victim, Bryce Fitzpatrick, claims that he was harassed more than 20 times. He says that groups of his male co-workers would corner him in the kitchen, lift his legs up into the air and grind against him. “It was like they were gang raping you,” he said.
Albert Miller, another alleged victim, says that he was afraid to report the harassment at first out of fear that other employees would make fun of him. “It’s just different when it happens to a guy,” he said. “There’s always the fear that they’re going to question your manhood.”
The Cheesecake Factory issued a statement stating that it is committed to a “positive, productive and professional work environment” and that it has “worked in good faith with the EEOC to try to resolve these allegations.”
The lawsuit seeks monetary compensation and an injunction under which the 143-restaurant chain would be required to implement improved policies and training to prevent future harassment.
The Lessons
Contrary to stereotypes, victims of harassment are not always female. Harassment is harassment, regardless of the targeted gender. In fact, according to EEOC statistics, 16% of the agency’s sexual harassment charges involve male victims — and that number is steadily growing.
Employers who are aware of potential harassment must promptly (1) investigate and (2) take appropriate corrective action. We suggest using the free investigation and termination checklists located in the “Tools & Tips” Section of the Blawg to help guide your decisions.
