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Sexual harassment and the QSR
9/20/07
When one 15-year-old girl in Coral Spring, Fla., went to work at a local McDonald's, she likely envisioned pay checks for clothes and job experience she could leverage later in life. She probably did not contemplate a nearly yearlong sexual relationship with a boss seven years her senior. But that's what she got.
Now the girl, known in court records only as Jane Doe, is part of a lawsuit filed against franchisee Haronmar Inc. that claims damages from sexual harassment; negligent training, retention and supervision of managers; and a hostile work environment. The manager is up against felony charges of lewd and lascivious battery.
Sometimes, a relationship between supervisors and employees can lead to a sexual harassment lawsuit; other times, it can stir up gossip among employees and lead to decreased productivity. Though different in scale, both results can mean financial woes and a tarnished image for a company.
The threat is increasingly prevalent. In fiscal 2006, the U.S. Equal Employment Opportunity Commission received 12,025 charges of sexual harassment, according to its Web site. And according to a November 2005 article in Inside Counsel, citing EEOC statistics, 8 percent of sexual harassment complaints in 2004 were made by teenage workers, compared to 2 percent in 2001.
'Innocent flirting'
QSRs are particularly prone to sexual harassment claims, given the age and experience level of employees.
John Vering, partner at law firm Armstrong Teasdale LLP, said a high percentage of employees at these restaurants are young, less educated and less aware of sexual harassment laws.
"Sometimes, innocent flirting can lead one or the other to assume something more serious might be intended," Vering said of supervisors and employees.
One type of common sexual harassment is quid pro quo harassment, Vering said, which occurs when someone with supervisory authority seeks a date or sexual favors in exchange for better or more hours, promotions or other professional benefits.
Another type is referred to as hostile work environment. This form of harassment may include dirty jokes or sexual language, Vering said; however, comments about sex are not the only ones that can create a hostile work environment.
"Sometimes, people speak before they think and could make comments that would create a hostile environment," he said. Such comments, in addition to sex, could reference somebody's disability, religion, age or national origin.
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No matter what category it falls into, sexual harassment is a significant problem in the industry, Vering said. To help employers keep the issue at bay, the EEOC has several initiatives, one of which is Youth at Work, a program created to educate youth about appropriate behavior in the workplace.
"(One of the EEOC's) initiatives is to look for those kinds of cases where they occur and to be vigorous in their enforcement of the law," Vering said, "because they feel that many of the people that work in those stores are younger individuals that need to be protected."
The employee effect
While lawsuits can mean heartbreak for a corporation, employees also have a lot to lose by engaging in romantic relationships at work — established through either sexual harassment methods or by mutual consent.
"You risk violating company policy, thus endangering your job and the other person's job," said Todd Dewett, Ph.D., author of "Leadership Redefined" and associate professor of management at Wright State University in Dayton, Ohio. "In fact, depending on the subjective judgment and personal values of your superiors, and the culture of the organization, you could effectively ruin your career."
On top of that, employee productivity may suffer. If other employees are aware of the relationship, the involved pair may be subjected to negative gossip.
"When one of the two is a supervisor, the effect is far worse," Dewett said. "People will now assume that the junior person is receiving or will receive special favors."
And if the relationship ends, the tension doesn't necessarily end there. In fact, Dewett said, the work relationship will become more strained.
"Working in close proximity with an old flame is terribly difficult for most people," he said. "Each additional bit of stress this causes harms your ability to be productive."
Furthermore, following a break-up, decisions made about the junior employee will be heavily scrutinized.
"When they are promoted, when their schedule changes, when they quit or are let go — all of them will be more suspect than they otherwise would be given the past relationship," he said.
A position of prevention
To arm itself against sexual harassment lawsuits, a restaurant needs three layers of protection, Vering said.
- A restaurant should have a good policy that prevents any kind of harassment or discrimination at the restaurant.
- Restaurant executives should provide training to employees and managers so if some form of harassment occurs, "it can basically be nipped in the bud before it gets out of hand."
- A procedure should established for workers to report any instances of harassment.
Vering said the last piece — a reporting mechanism — is a critical part of the puzzle. Also key is the positioning of that reporting procedure, because you never know who may be involved.
"It might be the store manager or the assistant manager that's involved," Vering said. "(For example) the assistant manager's involved and they're a friend of the manager and a complaint gets made and it's not taken seriously."
A higher level of reporting also can squash any trace of partiality.
"Whereas, if there's a regional reporting or reporting to an HR person someplace outside of the store, it can be investigated," Vering said. "And if there's a problem, it can be stopped before it gets out of hand."
Quick serve's quick turnover rate highlights the need for continuous education within a restaurant's ranks.
"Even if employers try to educate their employees, it's kind of a constant battle to keep your work force educated," Vering said.
