As if restaurant workers in New York haven’t had enough on their hands during the Covid-19 pandemic, incidents of sexual harassment in restaurants are on the rise. Whether from patrons demanding servers to lower their masks to receive a tip, managers making unwanted sexual advances, or coworkers making offensive comments, restaurant workers are at an increased risk of sexual harassment in the new normal.
In fact, in a recent study by One Fair Wage, 41 percent of restaurant employees reported a noticeable increase in the number of unwanted sexual comments from customers and 25 percent noticed a significant change in the frequency of harassment. At the same time, sexual harassment in the restaurant industry has long been commonplace. According to the Harvard Business Review, more sexual harassment claims are filed by hospitality industry workers than by workers in any other industry.
If you are a restaurant or hospitality industry worker who has experienced sexual harassment on the job, turn to Lipsky Lowe LLP. We have extensive experience representing employees throughout New York in a wide range of employment-related disputes. From employment discrimination to retaliation to sexual harassment, we are committed to providing our clients with powerful representation when they need it most.
When you become our client, we will handle your sexual harassment claim with the care and diligence that it deserves. We are with you all the way. When we take your case, we take it with the understanding, strategy and perspective that we will take it to trial, if necessary. We have a proven history of helping restaurant and hospitality workers fight back against harassment, and we will be the strength in your corner. Contact our office today for a no-cost consultation with an experienced sexual harassment lawyer.
If you have experienced sexual harassment while working in a New York restaurant, you may be inclined to think there’s not much you can do about it. Whether you are a tipped worker who relies on the gratuity of guests to make a living or a staffer making the minimum wage, you have a right to a work environment free from sexual harassment. The best way to protect your rights is to have an experienced New York sexual harassment lawyer in your corner.
What is sexual harassment?
Sexual harassment is a form of unlawful sex discrimination under local, state, and federal laws, and there are two forms of harassment, “quid pro quo” (this for that) and hostile work environment:
Quid Pro Quo Harassment in a Restaurant
This form of harassment occurs when someone in a position of authority, such as a manager, expects a restaurant worker to submit to sexual advances in return for a benefit of employment (e.g. wages, shifts). At the same time, customers are also in a position of authority over servers who rely on tips to make a living. This opens a doorway to potential customer-based harassment of restaurant employees. Finally, sexual harassment may be the root cause of wrongful termination when an employee is fired for rejecting a sexual advance.
Hostile Restaurant Work Environment
Another form of harassment that occurs in New York restaurants is a hostile work environment, which arises when offensive or intimidating conduct of a sexual nature interferes with an employee’s ability to perform his or her job duties. In a restaurant setting, frontline employees (hosts, hostesses, servers), the kitchen, and other staff members can be subjected to a hostile work environment.
For example, a hostile work environment can arise when a chef constantly makes sexual comments about an assistant that prevents him or her from cooking. On the other hand, a restaurant setting can become hostile when a server is subjected to unwanted sexual comments by a customer.
While a single offhand remark may not constitute harassment, repeated comments of a sexual nature, sexual jokes, gestures, or touching a restaurant worker in a way that another would find offensive are signs of a hostile work environment in a restaurant.
Factors That Contribute to Sexual Harassment in the Restaurant Industry
There are several reasons why sexual harassment is pervasive in the restaurant and hospitality industry. The underlying reason is that restaurants, bars, fine-dining establishments, and resorts have long used sexual undertones to attract customers, which lends itself to discriminatory hiring practices in the industry.
This could be related to the fact that the restaurant industry is dominated by men — even though there are more female owners and managers in the restaurant industry today, owners, chefs, and managers are usually men. A study by Restaurant Opportunities Centers United bears this out: the majority of management positions in restaurants are held by men, while 71 percent of restaurant servers are women.
Ultimately, this imbalance in power creates an environment in which sexual harassment by owners, chefs, and managers is ignored or accepted. Other reasons why sexual harassment in common the restaurant industry include:
- Customer-based harassment is tolerated — Restaurants rely on satisfied customers who return, so workers must often put up with a “customer is always right’ mindset. Frontline workers, especially female servers, are expected to give the customers what they want. Restaurants employees are reluctant to complain about customer-based harassment, because they rely on tips to make a living and because they think that sexual harassment comes with the territory. When restaurant workers are harassed by customers, managers are often hesitant to intervene to avoid losing customers. Nonetheless, employers who fail to prevent customer-based harassment of their employees can be held liable.
- Restaurant environments — Restaurants and bars are fast-paced, high-pressure environments where inappropriate comments by coworkers are often made in the heat of the moment.
- Close quarters — servers, bus boys, bar backs, chefs, dishwashers, and cleaning staff typically work in tight, enclosed areas which makes engaging in inappropriate conduct more tempting.
- Young workers — There is a disproportionate number of younger workers in the restaurant and hospitality industry, owners tend to hire staff from the 16 to 34 age group. For many, restaurant work is their first job, and they may be aware of their employment rights or understand the difference between appropriate behavior and misconduct.
Regardless of the reasons, sexual harassment in the restaurant, hospitality, or any other industry is unacceptable and unlawful. While restaurant workers who have been subjected to harassment by owners, managers, chefs, coworkers, and customers have powerful legal recourse under applicable anti-harassment laws, proving harassment is difficult. By working with an experienced New York sexual harassment attorney, you will be well-equipped to build a successful claim and enforce your employment rights.
Title VII prohibits employment discrimination based on several protected characteristics such as race, sex, sexual orientation, and gender identity, and sexual harassment is considered an unlawful form of discrimination. This federal law applies to employers with 15 or more employees, and any harassment claims under Title VII must first be mediated by the Equal Employment Opportunity Commission (EEOC) before the alleged victim can file a lawsuit.
The New York State and New York City Human Rights Laws apply to most employers and give employees more leverage in pursuing a harassment claim. Generally, it is only necessary for a claimant to show that he or she was treated less well than other employees for a discriminatory reason. In any event, it takes a skilled employment lawyer to protect your rights in and out of the courtroom.
Why Choose Lipsky Lowe for Your Sexual Harassment Claim
Despite the fact the sexual harassment in the restaurant industry is accepted, harassment is illegal. If you have experienced sexual harassment, whether in a fine-dining establishment, a fast-casual restaurant, or a local pub, it is important to know your rights.
Not only do you have a right to a work environment free from sexual harassment, but you also have a right to file a civil lawsuit to recover damages for the financial and emotional harm you have endured. Filing a sexual claim against a restaurant owner, however, and proving harassment can be challenging. That’s where the attorneys at Lipsky Lowe, LLP come in.
We have a well-earned reputation as dedicated advocates of restaurant and hospitality workers and a proven history of achieving successful outcomes in sexual harassment claims, whether through mediation, arbitration, or litigation.
Although we believe that claims can often be resolved through negotiated settlements, we prepare each case at trial to give our clients leverage at the bargaining table. Regardless of the forum, we will always work in your best interests and make sure you are treated fairly, Above all, we will fight to help you recover just compensation and protect your reputation.
Preventing Sexual Harassment in the Hospitality Industry
Given the tenor of the times, the potential liabilities for sexual harassment, and the legal obligation to protect workers from harassment, there are several preventive measures that restaurant owners should take:
Establish Anti-Sexual Harassment Policies
All employers in New York must have a written policy making it clear to employees that sexual harassment will not be tolerated. It is also crucial to clarify potential disciplinary measures, up to and including termination. A restaurant owner can be held liable for sexual harassment if he or she knew or reasonably should have known about the harassment and failed to stop it.
Implement Reporting Procedures
Restaurants, bars, and hotels must establish reporting procedures that allow workers to report harassment safely and know that their claims will be properly handled. Given that harassment by managers is not uncommon, there should be a separate department or alternative method (e.g. online) for restaurant employees to report sexual harassment.
Protect Employees From Customer-Based Sexual Harassment
It is imperative for restaurant owners to protect their employees from being harassed by customers. In short, there should be a policy in which customers who behave inappropriately are warned, and asked to leave if they fail to comply. Also, a server who is made uncomfortable by a customer’s sexual advances or comments should have the right to stop serving that person.
Provide Managers and Workers With Comprehensive Sexual Harassment Training
Restaurant and hospitality establishments should provide sexual harassment training to all managers and workers; such training is required under New York law. In sum, all employees should be trained on the company’s sexual harassment policy, what constitutes inappropriate behavior, how to effectively intervene when a worker witnesses harassment to diffuse the situation, and disciplinary measures for violations of the policy.
Ultimately, these preventive measures will not only protect workers from harassment but also mitigate potential liabilities for employers. At Lipsky Lowe, LLP we regularly assist restaurant owners with establishing and implementing sexual harassment policies and training programs and also provide them with defensive strategies against sexual harassment claims.
Contact Our Experienced New York Sexual Harassment Attorneys
If you have experienced sexual harassment as a worker in the restaurant and hospitality industry, you need the powerful representation Lipsky Lowe LLP provides. When you consult with us, we will provide you with a safe environment in which you can raise your concerns. Our sexual harassment attorneys will offer you knowledge, compassion, and objective insights that will allow you to fully participate in your claim.
We know that taking legal action against an employer can be intimidating, but doing so is the best way to confront sexual harassment in the restaurant industry. You should know that you cannot be retaliated against by your employer for complaining about harassment. This means that you cannot be fired, demoted, or subjected to any other adverse employment action for reporting sexual harassment in a restaurant.
At Lipsky Lowe LLP, we handle all employment-related claims on a contingency basis, which means you will not pay any attorneys’ fees until we win compensation for you. Contact us today to set up a free consultation. Let us be the strength in your corner.