The New Jersey Division on Civil Rights (DCR) has found probable cause to support allegations that Red Lobster Hospitality LLC violated the New Jersey Law Against Discrimination (LAD). This was after a woman accused the company of mishandling her sexual harassment complaint at its Woodbury restaurant.
The woman filed a verified complaint with DCR. She claimed a male line cook repeatedly harassed her, touching her back and buttocks and attempting to kiss her forcibly. After reporting the behavior to the restaurant’s former general manager, she said the company failed to take proper action or investigate her claims thoroughly.
The DCR’s investigation found that the harassment created a hostile work environment, violating the LAD, which requires employers to take prompt action when faced with workplace harassment.
“Everyone has a right to a work environment free from harassment. In New Jersey, our laws protect those rights,” said Attorney General Matthew J. Platkin. “No reasonable employer can allow such conduct to continue unaddressed. And we hold employers who fail to protect their employees accountable.”
DCR Director Sundeep Iyer stressed the importance of strong enforcement in tackling sexual harassment. “Sexual harassment continues to be a significant barrier to gender equity in our workplaces,” Iyer said. “It’s critical that employers take immediate and effective steps to combat it.”
The investigation revealed that Red Lobster did not conduct a proper investigation or take action against the alleged harasser, and denied the complainant’s request to change her schedule to avoid contact with him. According to the complainant, the restaurant even told her the harasser was “more important” to operations than she was.
The DCR also found evidence that the complainant’s working conditions became so unbearable that she felt forced to resign. This led to a claim of constructive discharge.
The Finding of Probable Cause marks the end of DCR’s initial investigation. The case will now move to conciliation, where both parties will have the chance to resolve the issue. So, if a resolution isn’t reached, the matter will proceed to prosecution.
Red Lobster has not yet commented on the situation.
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