Chicago, IL (Law Firm Newswire) June 13, 2016 - Many regard sexual harassment as an action carried out by a male against a female, or a female against a male. However, sexual harassment may be female-on-female or male-on-male, as in this case.
Although this is a case that unfolded in California, it is not without precedent in other states such as Illinois, nor is it a situation limited to eating establishments.
San Ysidro’s Achiote Restaurant is required to pay a former worker $27,500 as a result of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The suit also mandates remedial relief for retaliation and settling a male-on-male sexual harassment situation. The suit was filed in accordance with a violation of Title VII of the Civil Rights Act of 1964. Title VII, in part, prohibits employment discrimination based on sex and retaliation.
Most settlements negotiated by the EEOC mandate the provision of annual training for all staff and management, revision of an entity’s harassment and retaliation policies, the hiring of an equal employment monitor to supervise training and policy revisions, report to the EEOC, keep clear and consistent records and post a notice for all workers.
According to the facts of the case, a 24-year-old male restaurant manager sexually harassed younger male co-workers by filming them with a hidden cellphone camera while they were using the bathroom. The videotaping was done secretly. When victim Mario Campos complained, his work hours were cut, he was demoted from serving tables to bussing them, assigned an unfavourable work schedule and faced unwarranted and excessive discipline.
Anna Park, regional EEOC attorney for the Los Angeles district said, "Small businesses are encouraged to ensure they know the law. EEOC is particularly mindful of protecting young vulnerable workers from harassment and retaliation like the ones in this case." Nationwide, retaliation claims are increasing every year. In fact, these types of claims make up a good 45 percent of all EEOC nationally filed charges.
“If you find yourself in a situation like this in your workplace, speak to an experienced employment attorney,” said Chicago employment lawyer, Timothy Coffey. “It is important that you understand that no matter what your age, you have legal rights and certainly the right not to be harassed in any manner at work.”
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