Restaurant Forks Over $600K to End Sexual Harassment Lawsuit

Four female employees in Washington state said they endured ongoing sexual harassment at work – but management didn’t do anything to stop it.

That’s when the Equal Employment Opportunity Commission (EEOC) stepped in – and the company learned an expensive lesson.

This case involves the four women and Red Robin, a casual dining chain that employs more than 21,000 workers nationwide.

Intolerable sexual harassment – daily

According to a lawsuit filed by the EEOC, a 45-year-old male line cook was permitted to sexually harass female employees on a daily basis. The alleged sexual harassment included:

• offensive sexual comments
• requests for sex
• unwanted remarks about the women’s bodies
• leering, and
• touching without consent.

When the women objected to the alleged harassment, the male employee retaliated against them by calling them sexist slurs and refusing to give them their food orders, which interfered with their ability to do their jobs. 

At the time, one alleged victim was an 18-year-old who had just graduated from high school.

Despite multiple female employees reporting the misconduct to various managers, Red Robin allegedly failed to take prompt or effective action to stop the harassment, forcing one female server to quit.

EEOC files lawsuit

The EEOC sued on the women’s behalf, asserting claims of sexual harassment, retaliation and constructive discharge. The lawsuit sought:

• lost wages
• compensation for emotional distress
• punitive damages on behalf of the class of female employees, and
• injunctive relief, including training on preventing sexual harassment and retaliation in the workplace.

In the EEOC’s view, the alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment and retaliation in the workplace and also requires employers to investigate complaints of sexual harassment and take measures to prevent it.

Moreover, employers “may violate Title VII if its failure to intervene and stop unlawful harassment results in a workplace becoming so intolerable that an employee has no choice but to quit,” according to the EEOC.

“Everyone has the right to work in an environment free from harassment and retaliation,” said EEOC Senior Trial Attorney May Che. “Employers must be held responsible when they fail in their responsibility to protect workers.”

Elizabeth M. Cannon, director of the EEOC’s Seattle Field Office, said, “Not only should employers strive to prevent harassment and discrimination, they must also protect workers who are brave enough to speak out against it when it occurs. This resolution sends a clear message that sexual harassment is unacceptable and must be met with prompt remedial action. We will continue to relentlessly pursue justice for victims of workplace sexual harassment and retaliation.”

If you missed it, the agency proposed new harassment guidance last fall. It aims to help employers deal with the ever-present challenge of preventing harassment in the workplace.

Company pays a six-figure settlement

In this case, Red Robin ultimately agreed to pay a combined total of $600,000 to the four women to settle out of court.

Under a three-year consent decree, the company must also provide the following relief at 12 locations in Washington state:

• Hire a third party with expertise in employment discrimination, sexual harassment, and retaliation to review its policies, assist with investigations and conduct training for employees, managers, and HR investigators, and
• Adopt policies holding its managers and supervisors accountable for compliance with EEO policies and procedures.

Info: Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit, 4/22/24.