Not on the Menu

Author

Kathryn Casteel, Cuny Graduate School of JournalismFollow
Zameena Mejia, Cuny Graduate School of JournalismFollow

Graduation Date

Fall 12-16-2016

Grading Professor

Andy Lehren

Subject Concentration

Business & Economics

Degree Name

Master of Arts (MA)

Abstract

The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or manager, and all victims made complaints, either through a system or to another employee. However, the harassment continued or there was retaliation by management on the victims. These cases involved large corporations and smaller locally owned restaurants and represent the tip of the iceberg for what restaurant employees face across the board. Experts suggest that ways women and men can navigate around wonky federal legal restraints are taking their complaint to their state or local court, that is if their state offers extra protection from employment discrimination claims such as sexual harassment. State like Georgia and Alabama do not have additional state statutes to protect residents from employment discrimination. This is problematic because the EEOC only pursues roughly 6 percent of complaints filed every year. EEOC lawsuits are also the tip of a larger situations, according to a report from Restaurants Opportunities Centers United, an applied survey found that two-thirds of women reported experiencing some form of sexual harassment from management. Two-thirds of women workers also felt they would face negative repercussions if they complained or reported sexual harassment from management.

Audio or Video Files

Recommended Citation

Casteel, Kathryn and Mejia, Zameena, "Not on the Menu" (2016). CUNY Academic Works.
https://academicworks.cuny.edu/gj_etds/172