Restaurant Workers Sue for Same-Sex Harassment

Berke-Weiss & Pechman LLP recently prosecuted a charge of male-on-male sexual harassment at the Equal Employment Opportunity Commission (“EEOC”) against Sparks Steak House.  As a result of the charge, the EEOC filed a lawsuit against Sparks in the Southern District of New York, charging physical and verbal male-on-male sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964.  Several male employees alleged that a male Sparks manager groped them, attempted to touch them inappropriately, and made offensive sexual remarks.  Although only 16% of sexual harassment charges made at the EEOC were filed by males in 2009, EEOC New York Director Spencer H. Lewis, Jr. stated in that agency’s press release, “The EEOC is determined to stop sexual harassment whether faced by men or women.”

The wave of sexual harassment claims in the restaurant industry has led to notable settlements and damage awards.  Only one month before the EEOC filed suit against Sparks Steak House, the EEOC settled a similar male-on-male sexual harassment case for $345,000 with the Cheesecake Factory, a nationwide restaurant chain.  The EEOC recently settled a sexual harassment lawsuit for $255,000 with Ruby Tuesday after five female employees alleged that a general manager made crude sexual propositions to women and frequently made sexually explicit and graphic comments to them.  In addition, a federal jury recently returned a verdict for $105,000 in a sexual harassment lawsuit against IHOP Restaurant, where two female employees claimed that an assistant manager groped them and subjected them to sexual propositions.

The Sparks lawsuit is part of a significant uptick in sexual harassment cases in the restaurant industry.  The EEOC’s lawsuit signals that restaurants face an increasing risk that they will be sued by their employees for sex harassment if they do not prevent or effectively address harassing conduct.