Why sexual harassment is important to restaurateurs
What constitutes sexual harassment
Elements of an effective sexual-harassment policy
Enforcing your sexual-harassment policy
What to do if a sexual-harassment complaint is filed

Important Note
The above information is intended only to inform and not to be a substitute for the reader's seeking legal counsel. Any information given here should be examined by the reader's attorneys as to such information's applicability.

The information below will help you identify what constitutes sexual harassment, establish and enforce an effective sexual-harassment policy at your restaurant, and conduct a fair investigation when a sexual-harassment charge is made at your establishment.

Why sexual harassment is important to restaurateurs

Sexual harassment is an important issue for restaurateurs, because a lawsuit brought by an employee could have a devastating effect on the operation's bottom line and well as on workplace morale. Sexual-harassment cases can lead to millions of dollars worth of damages and legal fees for your restaurant. Employers are liable if sexual harassment is committed by a supervisor against an employee, or if the employer did not take reasonable steps to prevent sexual harassment.

A prolonged sexual-harassment investigation can cause morale problems among your staff members. It is to your benefit to create a sexual-harassment policy that clearly defines sexual harassment. Training your staff about proper conduct in the workplace and conducting swift and fair investigations of sexual-harassment claims will reduce such claims, lower your liability and improve morale.

What constitutes sexual harassment

There are two types of sexual harassment:

• quid pro quo (a legal term meaning "this for that"), in which a supervisor demands sexual favors from an employee and threatens to fire the employee if the conditions are not met; and
• hostile environment, in which a supervisor or employee creates a work environment through verbal or physical conduct that interferes with another co-worker's job performance or creates an intimidating work environment. A hostile environment is created when unwelcome sexual behavior is repeated. For example, an employee keeps telling off-color jokes after another staff member says they are offensive, or one employee keeps asking another employee for dates after being refused.

Once you have defined sexual harassment, your restaurant should establish a sexual-harassment policy for all employees.

Elements of an effective sexual-harassment policy

To combat sexual harassment, you must first create a written sexual-harassment policy that covers three key areas:

• a statement that sexual harassment will not be tolerated
• a definition of sexual harassment (see above); and
• a guide to help employees register a complaint.

Additional policy elements may, but do not have to, include:

• notice that employees have the right to file charges with the Equal Employment Opportunity Commission;
• forbid certain behaviors, such as telling off-color jokes, work-based romance; or fraternization between managers and employees.

It is one thing to create a sexual-harassment policy, but enforcing it is another matter. Review the next section to ensure that all employees follow your policy.

Enforcing your sexual-harassment policy

Your sexual-harassment policy must be communicated regularly to employees. To achieve this goal:

Give new hires a copy of your sexual-harassment policy and have them sign a statement acknowledging that they have read and understood the policy.

• Have established employees sign a copy of their policy every year.
• Sponsor training for managers to help them prevent and correct improper behavior as part of their routine training.
• Sponsor training for employees that focus on what they should do if they are the target of sexual harassment.
• Post memos and posters reminding employees about the policy.
• Ask managers to review the policy informally and on a regular basis with employees at preshift meetings.

You should conduct an investigation if an employee accuses another employee of sexual harassment. The following section spells out the steps to take to conduct a fair investigation.

What to do if a sexual harassment complaint is filed

Restaurateurs must establish a procedure for handling complaints that allows employees to report incidents to someone other than an immediate supervisor-who may be the cause of the problem. An effective complaint procedure can include:

• An 800 number to receive complaints
• A chain of command listing the staff members employees can contact if they are being sexually harassed. The list should include the contacts' names, phones and pager numbers.

To maintain an effective complaint procedure, management must:

• Ask the accuser to recount his or her story and to name any witnesses, including customers, preferably in writing
• Talk to the accused and get his or her account in writing
• Ask all parties the time of the alleged incident, who was there, and if there are any other instances with the accused or the accuser
• Keep the information confidential and tell employees that they may be subject to disciplinary action if they breach confidentiality
• Decide if the problem really occurred
• Act on the findings.

If you conduct a thorough, confidential investigation and make your determination in good faith, you won't be liable if your determination later turns out to be wrong.

Last updated: June 12, 2001