The Equal Employment Opportunity Commission (EEOC) recently sued a Utah sandwich shop franchise, alleging that it failed to prevent a manager from sexually harassing and assaulting a 16-year-old employee. According to the lawsuit, a manager for the franchise made sexual comments, requested inappropriate pictures of the employee, and sent pictures of himself in his underwear. The lawsuit claims that the alleged conduct led to the manager sexually assaulting the teenage employee twice during a work shift in September 2020.
This lawsuit highlights the need for employers to be vigilant with employees who are minors. “Young workers are particularly vulnerable to sexual harassment because they have less work experience and may be afraid to report an older or more powerful harasser,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office.
Whether an employee is a minor or not, the power dynamic between supervisors and their direct reports may cause employees to be afraid to report a more powerful harasser. Most employers have a legal duty to ensure that their workplaces are free of harassment.
Having a clear reporting structure written into a policy is an effective tool that employers can utilize to ensure that employees are aware of how, and to whom, they should report potentially harassing behavior. Another great tool employers can utilize is conducting employee training. Training employees on harassment prevention educates them on how to recognize potentially harassing behavior in the workplace.
Preventing workplace harassment is crucial for employers to not only mitigate potential liability but also to help protect their most important assets: their employees.
One of the natural consequences of having a harassment-free workspace is greater job satisfaction among employees and higher employee retention, which is something all employers should strive to achieve. Employers Council can help organizations achieve that goal. We offer harassment prevention training courses and can assist Consulting and Enterprise members with recognizing and preventing workplace harassment. Contact us at info@employerscouncil.org. All members can learn more about the elements of unlawful harassment and how to respond to complaints in this whitepaper.
Brandon Garrett is an attorney for Employers Council.