Looking at sexual harassment in the restaurant industryLooking at sexual harassment in the restaurant industry

By Ron Ruggless

Allegations by several women in October that presidential candidate Herman Cain had sexually harassed them during his tenure as chief executive of the National Restaurant Association in the late 1990s has put the industry back in the spotlight for its track record on the issue.


Although Cain denied the accusations leveled against him, word that the NRA had paid settlements of $35,000 and $45,000 to two female former employees who lodged complaints drew public scrutiny and raised questions about just where the industry stands when it comes to sexual harassment claims.


The answer is not good. Even as the total number of claims made nationwide has ebbed in recent years, the restaurant industry remains a large and troubling source of such complaints, according to observers. Data from the Equal Employment Opportunity Commission and state and local Fair Employment Practices Agencies show that the number of sexual harassment claims fell from 15,889 in 1997 to 11,717 in 2010, a 26.3-percent decrease.


While industry-specific statistics were unavailable, an audit of EEOC data conducted
recently by msnbc.com found that of 75 sexual harassment claims filed with the federal government so far this year, 26, or 37 percent, involved the foodservice industry.


“From a general perspective, I think that the restaurant industry is particularly challenged in the area of sexual harassment,” said Marcia L. Pope, a partner in the San Francisco office of the Pillsbury Winthrop Shaw Pittman LLP law firm who has represented restaurant employers for several decades.


“And, in my own view, it’s because [the restaurant industry] tends to be a very fast-paced work environment, and there’s lots of turnover,” Pope said. “I think it’s just harder, as a general proposition, to monitor the workplace from a managerial perspective, which is critical to being able to address sexual harassment before it becomes a big problem.”


EEOC records also show a shift in the identity of those making sexual harassment claims. Men now make up a larger percentage of complainants, up from 11.6 percent in 1997 to 16.4 percent in 2010.


In addition, settlements increased from 1,178 in 1997 to 1,417 in 2010. Still, that figure was down from a high of 1,783 in 2003.


Pope also noted that the types of harassment being reported have become more physical over time.


“It has been a subtle change,” Pope said. “It used to be that it would be much more verbal, and now what I see is a combination of verbal and allegations of inappropriate touching and horseplay, even when there isn’t sexual interest, per se, between the tormenter and the victim. There seems to be more variety, and there is often a physical component to it that wasn’t there before.”


More men filing suits


Just as Cain was grabbing headlines for the allegations made by women against him, the Chicago-based Morton’s The Steakhouse chain found itself involved in the sort of sexual harassment suit that has been on the rise in past years — one lodged by a man.


Plaintiff Reggie Williams, a former sous chef at the Morton’s in Boca Raton, Fla., filed in October in Palm Beach County Circuit Court a complaint alleging numerous incidents of sexual harassment he endured from other members of the restaurant’s staff.


“Reggie Williams wasn’t the only employee who was sexually harassed, abused and forced to endure, not a hostile, but an absolutely horrendous, unimaginable work environment,” said Williams’ lawyer, Jorge Silva of Coral Gables, Fla.


Williams, who left Morton’s in February and now has his own catering business, detailed physical threats, as well, Silva said. 


“The work climate really tolerated, accepted and almost expected this behavior,” said Silva. “There was not only sexual harassment, but also harassment and assault.”


Silva added that Reggie was taught to react in a stoic manner and endured months of harassment that many other employees would not have.


Roger Drake, Morton’s vice president of communications, said one of the pantry cooks accused of improper behavior was no longer employed by the company.


“Morton’s has a zero-tolerance policy and is firmly committed to providing a safe and harassment-free environment for all of its employees and patrons,” he said in a statement. “In the event that any Morton’s employee
acts contrary to our policies, Morton’s takes immediate and appropriate steps to rectify the situation.”


Nipping it in the bud


While Pope said she had heard anecdotal evidence from legal peers of an increase in sexual harassment complaints made by men, she noted that her California firm had not seen an increase.


“Our state has recognized and prohibited, for example, sexual orientation harassment, which is still something not clearly prohibited under federal law,” she said.


In general, Pope added, there are a number of best practices that companies can put in place as protection against sexual harassment claims.


“I’ve seen all sorts of things that don’t work, but there are some standout best practices that I’ve seen among some of the restaurant organizations that I represent that I really think do make a big difference,” she said.


Among those:


• Offer a variety of different avenues where complaints can be lodged. “The best [companies] have hotlines that you can pick up and call to make an anonymous complaint or identify yourself,” Pope said. “And there are avenues that include being able to reach out directly to district, regional and even top-level HR managers if there is a complaint where you are not getting satisfaction within the specific restaurant where you are working.”


• Emphasize those avenues of complaint through repetition. “When you combine several avenues of complaint with lots and lots of reiteration of what those avenues are — so, postings about them, periodic training about them, new-hire orientation that includes specific references to avenues for addressing sexual harassment — that, coupled with the avenues, makes for about the best practice you can have if the goal is to identify potential problems early on and nip them in the bud,” Pope said.


• Hire strong management teams. “Managers actually must know what they should be looking for,” Pope said. “Because sometimes you have situations where there isn’t a complaint, per se, but a strong and well-trained manager will know what the warning signs are, and then will proactively step in to make sure that, if there is inappropriate conduct going on, they stop it.”


• Take action when necessary. Once a system is in place, the restaurant organization has to be prepared to take “very aggressive steps” to address the problems, Pope added. “If that means terminating an employee who has been a great employee for a long time, but they’ve crossed the line, you have to be prepared to do that.”


The front of the house is far less a firmament for sexual harassment than the kitchen, Pope added.


“A lot of this stuff happens in the back of the house,” she said. “That’s where I’ve seen most sexual harassment issues arise. And it can be outright teasing or more passive-aggressive behavior — like, your order is the one that seems to take an inordinate amount of time to come up — that kind of thing.


“An alert manager can identify it and step in to stop it,” she said.


Mom-and-pop operators have advantages over larger multiunit chains when it comes to harassment cases, Pope said. 


“The advantage they do have is there is probably more of an opportunity for the actual owners with a vested interest in the organization to be on site,” she said. “There may be more of a cultural incentive, with stronger mores visible to everyone.”


Restaurant operations are particularly difficult to police for harassment, Pope added.


“It’s hard to have a silver bullet against sexual harassment in what is a fairly unique working environment,” she said. “When it’s lunchtime or dinnertime and everybody is moving at a hundred miles an hour, and the goal is to really make sure you provide excellent service to your customers, that priority tends to overshadow the ability of the managers to really step in and be proactive, at least in the moment.”


Contact Ron Ruggless at [email protected].
Follow him on Twitter @RonRuggless.