EEOC Sues Owner of 42 Fast Food Restaurants for Sexual Harassment and Retaliation

Source: U.S. Equal Employment Opportunity Commission (EEOC)

MILWAUKEE—A leading fast food restaurant in Reedsburg, Wis., violated federal civil rights laws by permitting male employees to create a hostile work environment of sexual harassment against female employees, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed in federal district court in Madison, Wisconsin.

The EEOC filed suit on behalf of a class of women it said were subjected to sexual comments, sexual propositions, or physical touching by co-workers. The suit also alleges some of the women were fired in retaliation for complaining about the sexually hostile work environment and the harassment was so intolerable that at least one woman was forced to quit her job to avoid it.

John Rowe, director of EEOC’s Chicago District, which includes Wisconsin, noted the agency’s administrative investigation, which preceded the lawsuit, revealed that male employees at the Reedsburg restaurant made sexual comments about the bodies of female co-workers, propositioned them, and touched them inappropriately. Further, Rowe said, several of the victims were teenaged high school students.

“One of the distressing things is how young some of the victims appear to have been,” said Rowe. “Another is that some of the employees who complained about what was going on were allegedly either fired or ignored. It’s cause for considerable concern, especially at a business which employs so many young and vulnerable women.”

The EEOC’s lawsuit stems from discrimination charges filed by three former employees of the restaurant located in Reedsburg. In total, the company owns and operates 42 of the fast food restaurants in Wisconsin.

The EEOC sued after first trying to reach a voluntary settlement out of court through its conciliation process. The agency seeks lost wages and compensatory and punitive damages for the women who were harassed, retaliated against, or both, and injunctive relief to end the discriminatory practices. The suit was filed in U.S. District Court for the Western District of Wisconsin in Madison. The case will be litigated primarily by attorneys in the EEOC’s Milwaukee Area Office.

John Hendrickson, EEOC regional attorney for the Chicago District said, “(The company) is one of the most well-known brands in America and the world, and its image is one of complete reliability, good taste and wholesomeness. What we found was allegedly going on at the restaurant in Reedsburg was something completely different and illegal. This litigation is going to put the Reedsburg restaurant under a well-deserved microscope, and, if the allegations are borne out, assure that appropriate relief is provided to the victims and that the harassment is brought to a halt.”

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its website at www.eeoc.gov.

To learn more about employment discrimination laws, or to protect your company from potential liability with anti-harassment training, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.