How can HR protect vulnerable teenage workers from sexual harassment?

Restaurants in the U.S. are still struggling to hire and keep staff due to post-pandemic economic factors and a shift away from the industry by many employees.

Because of this, some experts are observing an increase in sexual harassment lawsuits involving teenagers and other “vulnerable” employees.

“It seems like these businesses are in a squeeze to hire employees, oftentimes trying to get more creative and expand their employee base, and willing to take on anyone and everyone who can legally work for them, including minors,” said Alex Karasik, L&E attorney at Duane Morris.

“A lot of these minors, as the [Equal Employment Opportunity Commission] EEOC has noted, it's their first job, their first foray into employment, and they may not fully be aware of what is appropriate versus what is inappropriate.”

And the commission has been more aggressive towards prosecuting harassment cases, she says.

As part of its recently-released Strategic Enforcement Plan for fiscal years 2024 to 2028, the EEOC announced in September that it is expanding its protection of vulnerable workers to those who “may be unaware of their rights under equal employment opportunity laws, may be reluctant or unable to exercise their legally protected rights, or have historically been underserved by federal employment discrimination protections”.

The EEOC named teenagers among this category of workers.

Sexual harassment still major problem in restaurants and hospitality

“This is an area where the EEOC has been active, and it seems like they've been particularly aggressive in pursuing harassment charges involving minor workers,” Karasik said, noting several key cases brought by the EEOC in 2023 involving sexual harassment towards younger employees.

One case in California saw the EEOC bringing a case against nine locations of a restaurant chain for allowing “young female employees, including some teenagers, to be subjected to sexual harassment by male supervisors and co-workers. The harassment included repeated, frequent, and offensive sex-based remarks and advances, as well as unwelcome touching.”

The restaurant chain did not sufficiently monitor premises, the EEOC alleged, which left the employees vulnerable to harassment. Female employees who complained were forced to quit their jobs or otherwise retaliated against.

Discrimination and harassment based on sex, as well as retaliation by employers, are punishable by law under Title 7 of the Civil Rights Act of 1964.

“We are seeing more cases involving younger workers who may not be aware of their rights, or may be hesitant to report harassment, because this is their first time in the workforce,” said Anna Park, regional attorney for the EEOC’s Los Angeles district office.

“Employers should take greater care to ensure young workers are protected in the workplace by having effective policies and procedures, training, and accountability measures in place.”

How can HR prevent sexual harassment of younger workers?

Restaurants are desperately searching for staff, resulting in younger employees often working their first jobs in the industry, Karasik said. This combined with managers also being younger can create toxic work environments.

Therefore, it’s important to focus on “consistent, regular, ongoing trainings” with inexperienced or younger management around spotting inappropriate behavior and how to properly report it to upper management or HR or legal. 

Lack of clear reporting processes is a major misstep employers take who are later sued for sexual harassment, Karasik said. When reporting of harassment does not happen properly and early, individual cases can be allowed to escalate into systemic and toxic environments.

“And instead of a single claimant case, you may be looking at a multi-party or multi-claimant case, and that'll certainly increase the stakes in terms of litigation,” he said.

“So I think the reporting mechanism needs to be thoroughly communicated to those employees, especially newer managers, about who needs to be told about such allegations, and then they need to probably be investigated.”