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.

Contact us today to schedule a free, confidential consultation. Call us at (866) 229-9441 or fill out our online form. Let us help you take the next step in protecting your rights and securing justice.

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.