More sexual harassment claims in the U.S. are filed in the restaurant industry than in any other, where as many as 90% of women and 70% of men reportedly experience some form of sexual harassment.”
Research found that over a third of women (34%) who were formerly tipped workers quit their jobs as a result of encountering unwanted sexual behavior in the restaurant workplace.
Nearly three-fourths of women who previously worked as tipped workers (74%) stated that they tolerated inappropriate behaviors that made them nervous or uncomfortable in their restaurant or workplace, compared to less than half (46%) of women currently employed as tipped workers.
Women in the leisure and hospitality industries, where the majority of tipped workers are concentrated, account for 14 percent of all sexual harassment claims, the most of any industry, and double the rate of the general workforce.
More than 170,000 claims were filed with the US Equal Employment Opportunity Commission between 1995 and 2016. Of those, 83 percent came from women. Just over 10,000 were filed by employees of full-service restaurants. An additional 1,000 came from those who work in other types of eating establishments, including bars or limited-service restaurants; around 800 claims came from agricultural workers.”
Harassment is defined as a form a discrimination that is based off an employee's membership in a protected class. These protected classes include:
Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.
Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols.
For example: A "no-beard" employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps).
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference.
Sex (including pregnancy, sexual orientation, or gender identity)
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy.
Harassment can include "sexual harassment" such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex, including the person's sexual orientation, gender identity, or pregnancy.
Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII. For more information about LGBTQ+-related sex discrimination claims, see https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-and-protections-lgbt-workers.
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status.
For example: An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An "English-only rule", which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer's business and is put in place for nondiscriminatory reasons.
Age (40 or older)
Age discrimination involves treating an applicant or employee less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
Harassment can include, for example, offensive or derogatory remarks about a person's age. An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
Harassment can include, for example, offensive remarks about a person's disability.
Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information.
Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual's family members (i.e. family medical history).
To be considered discrimination, the treatment of the employee must be based on the employee's membership in a protected class and occur because of that membership. If there is no connection between the unfavorable working conditions and the employee's membership in a protected class, then the court does not need to consider whether the treatment rises to the level of creating a hostile work environment. (Hickox, notes)
If you are being harassed at work, you have a responsibility to tell your employer. If you feel comfortable, you also should tell the harasser that you find his or her behavior unwelcome. You also can talk to your parents, another adult, or the EEOC.
Find out if your company has a policy on harassment. The policy should tell you who in your company is responsible for handling harassment issues. If you are uncomfortable talking to the designated person, you should talk to your manager or another manager in your company. Once your employer knows that you are being harassed, it has a responsibility to correct the situation and protect you from further harassment. If you do not promptly report workplace harassment, it may affect your rights.
Does harassment have to occur at work for it to be illegal?
No. Federal law protects you from job discrimination and harassment, whether it occurs on or off the work site. For example, you may have a potential claim for sexual harassment if your manager pressures you for dates while at a work-related conference.
Is it illegal for someone to harass another person who is the same sex, race, color, national origin, or religion or who has the same disability?
Yes. It is illegal for people to harass others of their own sex, religion, race, color, national origin, or religion. It also is illegal for a person with a disability to harass other individuals with the same disability or genetic information or other disabilities or genetic information.
Is all workplace harassment illegal?
No, not all workplace harassment is illegal. The laws enforced by EEOC do not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. For workplace harassment to be illegal, the conduct must either be severe (meaning very serious) or pervasive (meaning that it occurred frequently). One instance of harassing conduct is generally not sufficient, unless the conduct is very serious, such as a physical assault. If you believe you are being harassed at work, you should report the conduct to your supervisor or another manager, even if it happens only once or does not seem very serious.
Michigan Department of Civil Rights (MDCR)
Toll-free 1 (800) 482-3604
Online: www.michigan.gov/mdcr
MDCR investigates discriminatory harassment in the areas of employment, housing, education, public accommodation and public service. Under Michigan law, you have 180 days from the date of the harassment to file a complaint with MDCR.
Source: https://www.michigan.gov/documents/cr_245_68824_7.pdf
Equal Employment Opportunity Commission (EEOC)
Toll-free 1 (800) 669-4000
Online: www.eeoc.gov
If the harassment is occurring at work, and your employer has more than 15 employees, you may also file a complaint with the EEOC. The EEOC investigates complaints that are filed within 300 days of the date of the harassment.”
Source: https://www.michigan.gov/documents/cr_245_68824_7.pdf
Department of Housing and Urban Development (HUD)
Toll-free 1 (800) 669-9777
Online: www.hud.gov
If the discriminatory harassment occurred in housing, you also have the option of contacting HUD within 365 days of the date of the harassment.
Source: https://www.michigan.gov/documents/cr_245_68824_7.pdf