07.13.09
Can A Cocktail Waitress File a Sexual Harassment Charge?
Sexual harassment and other workplace violations continue to raise questions for employers and employees alike. Although progress has been made, there is considerable evidence that further education and promotion of harassment-free workplaces are required not just in California, but across the nation.
Before I discuss a recent case that was presented to me, let’s establish a common framework for the definition of sexual harassment as provided by the Equal Employment Opportunity Commission:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”
Who can be a victim? The victim can be a member of either sex, and doesn’t have to be a member of the opposite sex. The harasser can be the victim’s supervisor or manager, an agent of the company, a supervisor from another part of the company, a contractor of the company, or a non-employee.
It’s important to note that sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
With a common framework established, I’ll review a case I recently received from a woman who works as a cocktail waitress. She wrote to me at my website at www.stopworkplaceharassment.com, and told me that she was quite distressed over the treatment she was receiving from her boss. He was allegedly touching her in sexually unwelcome ways, and he had threatened to terminate her employment if she didn’t provide sexual favors in return for her continued employment.
My initial reaction would be to quit the job, but this individual needed her job and was fearful of finding another job in a lackluster economy. She also expressed concerns that just because she wore revealing “cocktail” outfits to work, she was partly responsible for her dilemma and would not have a basis for a claim of sexual harassment. I’m not a lawyer, but I explained to her that I’ve had 28 years in Human Resources work. I would believe that her clothing had limited if any bearing on her case, because her clothing was her “work uniform” for that line of work. Although I didn’t have the opportunity to interview her boss and conduct a thorough investigation of all parties, I anticipate that she is entitled to the same protections under the law that all employees are entitled to, regardless of what she wore to work. Her boss’s actions, requiring an alleged “quid pro quo” form of sexual harassment, if found to be true, could very well be a form of sexual harassment and a violation of Title VII of the Civil Rights Act. I strongly encouraged her to prepare her notes and file a complaint with the owners of the restaurant, and if that didn’t work to talk with legal counsel for further evaluation of her case.
Harassment is an unfortunate occurrence that creates hostile feelings, disappointment, and a breach of trust. It has a painful way of severing the most positive of work relationships, and it can prove costly in many ways. Providing a harassment-free workplace is a key to promoting a positive company culture. Every employee should work towards these ideals, but senior management should exercise due diligence to provide moral leadership and send the message that discrimination in any form will not be tolerated.
Special thanks to the Equal Employment Opportunity Commission for their definition of sexual harassment.
This article reprinted from www.examiner.com
