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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 03:57 PM
Original message
Cheesecake Factory to pay $345K in harassment case
Cheesecake Factory to pay $345K in harassment case

(Phoenix) National restaurant chain The Cheesecake Factory Inc. has agreed to pay $345,000 to settle a federal lawsuit alleging it let some male employees sexually harass other male workers in suburban Phoenix.

The settlement announced Tuesday by the U.S. Equal Employment Opportunity Commission includes a requirement that the company train its employees and managers about sexual harassment.

The EEOC lawsuit alleged company managers knew about repeated sexual assaults against six male employees by a group of male kitchen staffers at a restaurant in Chandler, Ariz., but did not intervene. The EEOC says the company denied the allegations.

Messages seeking comment from the company, based in Calabasas, Calif., were not immediately returned.

http://www.365gay.com/news/cheesecake-factory-to-pay-345k-in-harassment-case/
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 04:02 PM
Response to Original message
1. Nothing else to the article...was it gay males being assualted by straights?
It says sexual assaults in one place, sexual harrassment in another, and if you've ever worked in a restaurant, kitchen staff can be pretty crude.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 04:25 PM
Response to Reply #1
2. Heres a longer article with more info
(It does not say if anyone is gay - but Im guessing its more of "hazing" type of behavior than anything to do with orientation)

http://www.azcentral.com/business/articles/2009/11/10/20091110abrk-cheesecakesettle.html

The restaurant chain Cheesecake Factory will pay $345,000 to six male employees who allegedly were sexually harassed and assaulted by other male employees at the restaurant at Chandler Fashion Center.

The payment settles a lawsuit filed in 2008 by the U.S. Equal Employment Opportunity Commission, which claimed that Cheesecake Factory knew about and tolerated repeated sexual assaults against the men by a group of other men who worked in the kitchen.

Sidney Greathouse, vice president of legal services for California-based Cheesecake Factory Inc., denied the allegations.

“Actions of this nature are simply not tolerated by us,” he said in a statement.

The consent decree assigns no liability, but allows the company to avoid further expense of litigation, he said.

Four men -- Bryce Fitzpatrick, Albert Miller, Jesse DeJong and Michael Wilson -- filed charges with the EEOC.

Two others, John Andrew and Julio Muñoz, became part of the class action.

The EEOC said the evidence overwhelmingly showed that the abusers touched the victims inappropriately, made sexually charged remarks and forced the victims into repeated incidents of simulated rape.

Managers also witnessed employees dragging the men kicking and screaming into a refrigerated room, the EEOC said.

Victims complained to managers, who never stopped the abusive behavior, the agency said.

One victim called Chandler police, who investigated but never filed charges. Sexual harassment violates Title VII of the Civil Rights Act of 1964.

In addition to the monetary relief for the victims, the decree calls for the Cheesecake Factory to train its employees and managers about sexual harassment. It also is required to assign an ombudsman to field and address complaints about sexual harassment. If the company fails to take these actions, the court could levy sanctions.

Jonathan Dessaules, a Phoenix lawyer who represented two of the six men in the class action, called the settlement “an appropriate outcome." He said the men did not want to speak publicly, beyond saying they are “looking for closure.”

“It's really a shocking and egregious case,” said Mary Jo O'Neill, regional attorney for the EEOC. “In my 30 years of doing this, this was really, really bad conduct against these young men…”

Often a victim was abused by several men at once, she said.

Long after complaints were made, some of the kitchen staff were fired. But it's unclear if all alleged abusers were fired, O'Neill said.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 04:34 PM
Response to Reply #2
3. Okay found more - they were all friends and it was a ongoing "joke" turned harrasment
I doubt the people involved were gay.

http://www.abc15.com/news/state/story/Chandler-Cheesecake-Factory-faces-sex-harassment/CwMFgonRK02Do2G7SQuj9A.cspx?p=Comments

I used to work there with those guys, and it was sorta like "waiting" gone bad... It was a situation that did (eventually) cause a lot of ruckus at the store for a while. Those guys were all friends and the people (cooks, etc) evolved a bad joke to a sick joke and worse, alienating the victims. i felt bad for those guys and was glad i wasn't an expo cause there was nothing you could do unless you start a fight and get in trouble yourself. simply put, it was a bad group joke that went even worse and was not nipped in the bud very fast. everyone knew what went on in the walk in... on a good note, as far as i know everyone wore hairnets and gloves so at least they were clean! =)
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 05:47 PM
Response to Reply #3
6. Thanks...that sheds more light on it...
...bunch of guys who never grew up apparently.
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 06:52 PM
Response to Reply #1
7. I have worked in a couple of restaurants, and I never felt harassed or threatened by this stuff.
Edited on Tue Nov-10-09 06:54 PM by imdjh
At one place in particular, the kitchen staff (largely from El Salvador if it matters) would make sexual remarks and gropes on gay male dining room staff. It was like a game of chicken, where the kitchen guy would physically come on to you, but when you went to grope back he would get scared and run off. I never once felt afraid.

Yes, some inappropriate stuff and more clumsy stuff happened from time to time. I have been humped by a guy who asked if I liked that, but oddly I think it was an invitation more than anything else. And when I looked at him like he had lost his mind, it was the last time he did that. Other incidents ended with something along the lines of 'Pull it out, show me what you've got, or shut up about it."

I loved working in restaurants, and part of that was the bawdiness behind the scenes. Not just male on male bawdiness- the girls could be a lot of fun too. I've known very respectable married women who had a whole different persona in the waiters' station. And yes, the occasional person, male or female, was clearly uncomfortable and was generally not included in the rough housing, the trashy talk and bawdiness aka their wishes respected.
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fasttense Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 04:42 PM
Response to Original message
4. Mmmmmm cheesecake
If you want me to pay attention never start a sentence with a delicious dessert.
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Toasterlad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 05:21 PM
Response to Original message
5. More Straight Boy "Hazing" That Gives Gays a Bad Name.
I wish these frat boy types would take their hazing fetishes down to the gayborhood. We'd know how to handle it. And I guarantee that most of them wouldn't try any of that crap again.
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LeftHander Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-11-09 08:51 AM
Response to Original message
8. it was the penis game....
Edited on Wed Nov-11-09 08:52 AM by LeftHander


lol
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