The U.S. Equal Employment Opportunity Commission has slapped restaurant chain Cheesecake Factory, Inc., headquartered in Calabasas, with a class-action lawsuit alleging male-on-male sexual harassment at a restaurant in Arizona.
The suit charges that three male employees—and possibly more—were harassed over several months by other male employees. The men claim they were cornered and grabbed by groups of other male workers and forced to endure simulated sex. The lawsuit also contends that Cheesecake Factory managers ignored the employees’ complaints about the harassment.
In another “bad day for employers” development, Fresno-based Zacky Farms, one of the largest turkey producers in the country, has agreed to pay $325,000 to settle claims that the company disproportionately turned down female applicants for production jobs. The settlement proceeds will be shared by 678 women, and Zacky Farms also has agreed to hire 135 of the rejected female applicants. The hiring problems at Zacky Farms came to light during a routine review of the company’s affirmative action plan by the U.S. Department of Labor. As a federal contractor, the company is required to maintain an affirmative action plan.
Zacky Farms says it does not discriminate, and that it settled the claims to avoid the time and expense of litigation.
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Training Tips
The Cheesecake Factory lawsuit and the Zacky Farms settlement both highlight the need for effective workplace training to nip harassment and discrimination in the bud—before it blossoms into your company’s worst nightmare. And, in the case of harassment training for managers, it’s the law in California. You gotta do it. Period.
Here are three training tips to keep in mind to help prevent your company from becoming the next big headline:
- Identify supervisors. The law requires covered employers to train “supervisors,” as that term is broadly defined in California’s Fair Employment and Housing Act. When identifying who must be trained, you need to follow the legal definition rather than your internal classifications. If you are unsure whether someone qualifies as a supervisor, it is wise to err on the side of including the person in your training regimen.
- Train all supervisors in California. The law requires that you train only those supervisors who are physically located in California. However…
- Consider broader training. Although it’s not required, you should consider providing A.B. 1825 training to supervisors located outside the state who supervise employees here in California. Also, to help avoid harassment claims in any location, and to limit your liability if you are sued for harassment, your best bet is to provide harassment training to all of your supervisors, regardless of whether they supervise California workers.