New York Restaurant Industry Sexual Harassment Lawyer

Gender Discrimination Attorneys Assisting Residents of New York, New Jersey, Pennsylvania, and Florida

Sexual harassment in the restaurant industry is widespread and often goes unreported, but you do not have to endure it. According to a report by Restaurant Opportunities Centers United (ROC United), a staggering 80% of tipped female workers in the restaurant industry have experienced sexual harassment from either coworkers or customers. Male workers are also significantly impacted, with 70% reporting harassment from coworkers and 55% experiencing harassment from customers.

In fact, restaurant workers account for a disproportionate share of Equal Employment Opportunity Commission (EEOC) claims, with women in the industry filing such claims at a rate five times higher than women in other sectors. These statistics highlight the widespread nature of sexual harassment in the restaurant industry and underscore the need for stronger protections and reporting mechanisms. At Phillips & Associates, our sexual harassment lawyers represent employees throughout New York City in pursuing damages for the harm that they have suffered.

Steps to Take if You Experience Sexual Harassment in New York

If you are experiencing sexual harassment in the restaurant industry, it is important to act quickly to protect your rights and stop the misconduct. Here's what you can do:

• Document the Incident: Write down what happened as soon as possible, including dates, times, locations, and the individuals involved. This record will help support your case.
• Report the Harassment: Report the behavior to your employer, manager, or Human Resources. If your harasser is in a position of power, it can be more difficult to come forward, but employers are legally obligated to address harassment complaints.
• File a Complaint with the EEOC: If the harassment persists or your employer fails to take appropriate action, file a formal complaint with the EEOC or your state’s equivalent agency. You have a limited time to file a complaint, typically within 180 days.
• Protect Against Retaliation: Retaliation is illegal. If you experience retaliation, such as being given fewer shifts, being fired, or further harassment, you can file an additional claim for retaliation.

Holding an Employer in the Restaurant Industry Accountable

Sexual harassment is a type of gender discrimination that includes a wide variety of unwelcome sexual behavior, including requests for sexual favors, jokes, or sexual comments. The person committing the harassment may be a supervisor, coworker, or someone not even an employee, but in most cases, the harasser has power or authority over the victim.

For example, restaurant servers who rely heavily on tips are more likely to suffer from sexual harassment and not complain because the harasser is in a position to affect the server's ability to make a living. When sexual harassment is rejected or called out, the server may be victimized through retaliation, which is also illegal. In an industry in which "the customer is always right," the threat of retaliation can be overwhelming for the server.

Examples of Sexual Harassment Specific to the Restaurant Industry

Sexual harassment in the restaurant industry can take many forms, including:

• Customer Harassment: Inappropriate comments, gestures, or physical advances from customers.
• Coworker Harassment: Unwanted advances, sexual jokes, or physical interactions from fellow employees.
• Manager or Supervisor Harassment: Pressure to tolerate inappropriate behavior in exchange for better shifts, tips, or promotions.

Legal Protections Against Sexual Harassment in the New York Restaurant Industry

In New York, restaurant workers are protected from sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. These laws prohibit sexual harassment and retaliation in the workplace, ensuring that victims have legal avenues to seek justice. Employees who experience sexual harassment in restaurants can file a claim with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.

Sexual harassment generally falls into two categories:

• Quid Pro Quo Sexual Harassment: This type of harassment occurs when an employee feels pressured to tolerate sexual advances in exchange for favorable job treatment, such as better shifts, promotions, or higher tips. For example, if a manager or coworker demands sexual favors in exchange for a schedule change or tip preference, it constitutes quid pro quo harassment.
• Hostile Work Environment: In the restaurant industry, this arises when unwelcome verbal or physical conduct interferes with an employee’s ability to perform their job, whether it’s serving tables, cooking, or handling other tasks. For example, if a coworker makes repeated sexual comments or gestures while you’re trying to focus on customers or cooking, this could create a hostile work environment. Under the New York City Human Rights Law, employees only need to prove that they were treated “less well than other employees” for a discriminatory reason, offering greater protection than state or federal laws.

In New York, workers in the restaurant industry are entitled to these protections, and the law is designed to ensure that anyone who faces harassment or retaliation has a strong legal foundation to hold their employers accountable.

Legal Options Beyond Filing a Complaint

After filing a sexual harassment claim, you may be entitled to damages, including:

• Compensatory Damages: This includes back pay, medical expenses, and any emotional distress you suffered.
• Punitive Damages: In cases of severe misconduct, the employer may be required to pay punitive damages to punish them for their actions.
• Settlement or Trial: The case may be settled before going to trial, but you have the right to pursue the matter in court if necessary.

Discuss Your Sexual Harassment Claim with a New York City Lawyer

Sexual harassment in the restaurant industry is widespread and inexcusable. If you were subject to harassment, you may be entitled to damages. To protect your rights after improper conduct in a New York City workplace, contact the gender discrimination attorneys at Phillips & Associates.

You can call us at (866) 229-9441 or complete our online form to set up a free appointment. We serve employees across the five boroughs of Manhattan, Queens, the Bronx, Brooklyn, and Staten Island.