Sexual harassment lawsuits are filed for a variety of different reasons. Regardless of whether it was a supervisor, coworker or customer who mistreated someone working in the food service sector, they should receive support from their employer when they speak up about the issue.
Occasionally, employers decide to retaliate against workers instead of protecting them as the law requires. Obviously, firing a worker for reporting sexual harassment is an inappropriate response. Other forms of retaliation could be more subtle. Food service workers are often particularly vulnerable to subtle forms of retaliation. For example, any of the three behaviors below are inappropriate responses to complaints about sexual harassment in the workplace.
Reducing scheduled hours
Most food service professionals in gratuity-based positions work irregular hours. Managers may begin scheduling someone who reports harassment from coworkers or customers for fewer hours. They can effectively force the worker to start looking for employment elsewhere because they don’t receive enough scheduled hours to cover their basic cost-of-living expenses.
Offering worse shifts
Particularly if the business is currently operating with minimal staffing, cutting a worker’s hours significantly because they report harassment might not be feasible. However, management could begin scheduling that worker for less-favorable shifts.
Instead of an even split of dinner service and lunch shifts, a worker may find themselves relegated to mostly daytime shifts. Such practices might result in them receiving far less in tips despite working the same number of hours.
The company might also change a schedule where a worker puts in several long days each week to scheduling them daily for shorter shifts. Such practices can affect the worker’s ability to balance multiple jobs and could also affect what they earn in gratuities.
Engaging in retaliatory discipline
Most food service workers are subject to specific rules regarding their job performance and appearance. Employers may become much stricter about enforcing rules after an employee reports harassment.
A worker who has previously had no disciplinary issues could suddenly get written up over minor issues. They may also notice that they face disciplinary efforts for issues that management overlooks with other workers. In some cases, supervisors may go so far as to publicly embarrass the worker in question by making them an example for others and pointing out every error they make.
Workers who document the harassment that they endure and the way the company responds may have a better chance of proving that they experienced unfair retaliation. Sexual harassment lawsuits often arise because of business retaliation as opposed to initial harassment itself. The ability to recognize retaliation can help workers stand up for themselves in a difficult situation.