Fast food restaurants provide first jobs for many young men and women. Too-often, wide-eyed, teenagers do not understand their employment rights and, otherwise, are naive. This makes them perfect victims for abuse by managers. With luck, news of the $2 million dollars paid by Sonic Drive-In to settle sexual harassment and retaliation claims will cause business owners to (1) train managers and workers, (2) respond properly to worker complaints, and (3) enforce the law without "help" from the EEOC and attorneys like myself.
This post summarizes the case and sets forth general legal guidelines on unlawful harassment and retaliation cases.
The EEOC announced the $2 million settlement, which was based upon the conduct of Robert Gomez, a manager and limited partner of the company. The EEOC said he harassed many women - over 70 women - with sexual innuendo, touching and sexual comments. When women objected, things got worse for them. The employer even cut their hours of work.
Harassment because of gender, race, age, or other protected activity is simply another form of unlawful employment discrimination. Often, we think of discrimination in terms of hiring or firing. But differences in "terms and conditions of employment" for illegal reasons also equals discrimination. If, for example, the women get the crummier jobs, then that could be unlawful discrimination. If only the women have to put up with verbal abuse, than that's unlawful discrimination
Retaliation is an employer's "pay back" if an employee opposes or objects to practices that he or she believes is unlawful. Even if the employee is not correct, if the employee reasonably believes that an employer is violating the law, raises the issue, and then suffers negative employment consequences, that's against Oregon law.
This EEOC settlement involved a boss. When a boss is involved, then (generally) the business is responsible. If, however, a non-management co-worker is causing the problems, then the business might not be legally liable if management does not know you are suffering. If you suffer in silence, you have a much tougher case to prove. Instead, you must let management know about sexual or other harassment. When the company knows, it must respond; it must take immediate and appropriate corrective action. If it does not, then you can sue the company.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
