4 Easy Steps to Protect Your Restaurant Business from Sexual Harassment Risk
Danielle M Verderosa SPHR, SHRM-SCP
HR Compliance Expert and Fractional CHRO for Small & Mid-Sized Businesses
What is it about the restaurant industry that makes it so susceptible to sexual harassment?
The EEOC announced this week that an owner of a Brandon, FL Carrabba's Italian Grill will pay $690,000 to settle female employees' claims of sexual harassment by a company Managing Partner.
Though the executive was employed at this Carrabba's location for more than two years, the settlement only took into account the Managing Partner's final six months of harassment before he was fired.
That's a cost of more than $100 million for each month that this guy was allowed to stay employed and continue to sexually harass some female subordinates -- not including their legal fees.
The settlement also included Carrabba's promise to adopt new anti-harassment policies and provide training to all their employees on workplace misconduct.
Carrabba's is part of Bloomin' Brands, Inc., one of the world's largest restaurant companies with 77,000 employees.
If a company like that doesn't already have an effective anti-harassment program buttoned up and in place, what chance do smaller restaurant chains have of preventing similar outcomes?
Restaurants of all sizes carry this huge human resources risk of sexual harassment claims. The kitchens are hot, crowded spaces. Employees often have easy access to alcohol. The culture of "we're here for a good time" applies to both the restaurant guests and usually their employees, too.
Carrabba's loss is a lesson for smaller restaurants to mitigate their own risk.?Here are the factors that the EEOC will take into consideration when they’re determining financial penalties based on how negligent you may have been.
1.????Make sure you have an updated anti-harassment policy that's been written by a Human Resources expert or employment attorney.
Equally important -- make sure you have records that prove your policy was given to every single employee upon hire and again annually.
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2.????Provide anti-harassment training to all employees annually.
Sure, your employees hate sitting through classroom trainings -- but even more, they hate being sexually harassed. When restaurant owners consistently make a big deal about their zero tolerance for harassment, the employees will never be cavalier about it.
3.????Make it easy for employees to report harassment to a senior executive outside of the restaurant -- even anonymously.?
If you’re the restaurant owner or CEO, your employees are always on their best behavior when you’re around.?When you go home at 8 p.m. but the employees are still there past midnight, it’s a different story.?Encouraging employees to report harassment will let you keep your eyes on the behavior that doesn’t happen in front of you.
4.????Investigate every report of harassment that you receive with urgency and an open mind.?
If you’re too close to the alleged harasser, contract with a Human Resources expert to do an unbiased investigation for you.
Unsure about what behaviors constitute sexual harassment??Contact HR Allies?for a free 20-minute consultation.??
Danielle Verderosa, President of HR Allies, has 25 years of HR experience in the hospitality, senior living, warehouse/manufacturing, and defense security industries. Most recently a Vice President of Human Resources for a 105-year old, $750m contract management services company, Danielle has the HR industry’s top professional credentials and has been the recipient of several top awards honoring her integrity, leadership, and business excellence.
You can reach Danielle by email at [email protected].
Labor & Employment Law, Litigation, Corporate & Business Law Attorney
3 年Great advice Danielle M Verderosa SPHR, SHRM-SCP for all businesses not just restaurants! Restaurants are "low hanging fruit" for the EEOC as most of its sexual harassment cases involve low wage employees who are harassed by a supervisor who is close to the boss. It doesnt have to be that way and shouldn't and hopefully 690k wakes these guys up!!
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3 年Wow, great post Danielle. I hope someday in the not-too-distant-future this is all common practice and common sense!!
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3 年Wow.
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3 年The training is not always taken seriously because the quality of the training in many cases is terrible.
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3 年Such a great point that harassers are often very good at hiding it from the boss. It's important not just financially but ethically to make sure employees know that complaints will be taken seriously and not just brushed off because someone's only a creep when no one else is looking.