Are You Doing All You Can to Protect Your Employees from Sexual Harassment? $248,750 Settlement in Sex Harassment Case

 
Thursday, December 9, 2010
 

Fleming’s Prime Steakhouse and Wine Bar, at DC Ranch in Scottsdale, Ariz., will pay nearly a quarter million dollars and furnish other relief to settle a same-sex sexual harassment lawsuit filed by the EEOC.

The EEOC’s suit (CV-07683-PHX-SMM), which was brought in U.S. District Court for the District of Arizona in Phoenix, charged that male employees who worked at Fleming’s in Scottsdale, a fine dining steak house, were sexually abused by the head chef, Tod Rawson. The evidence gathered during the EEOC’s investigation revealed that, among other things, Rawson frequently pinched or squeezed his subordinates’ private parts, flicked their genitals with his bare hands, and groped them from behind. Rawson even used kitchen utensils from the restaurant to touch his victims’ genitals through their clothing, the EEOC said. Evidence uncovered during the lawsuit also revealed that several managers at Fleming’s knew what was happening well before formal charges were filed but did nothing to stop it. After several internal complaints, a formal EEOC charge was filed.

“The key lesson we want people to take from this case: employers must protect their employees from sexual harassment,” said EEOC Regional Attorney Mary Jo O’Neill. “This means doing a meaningful internal investigation designed to find the truth and not designed to merely cover tracks. Also, employers must immediately stop further sexual harassment from occurring. Here, not only did Fleming’s not fire the harasser, they let him continue the harassment for more than a year and a half before allowing him to resign. When employers prove incapable of addressing these toxic situations, the EEOC is ready to right these wrongs.”

Editor's Note:  The best place to start protecting your employees from harassment in the workplace is preventative training!  This is where you can teach all your employees how to report misconduct so you can respond in an appropriate manner.  Go to http://www.hrclassroom.com to learn more about our easy-to-use and cost-effective training system!

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