Del Taco settles claims of 'almost daily' sexual harassment at California stores

Dive Brief:

Fast food chain Del Taco will pay $1,250,000 to settle allegations made by the U.S. Equal Employment Opportunity Commission (EEOC) that women at several California stores were subjected to "almost daily" sexual harassment by a general manager and shift leader, according to a Dec. 2 announcement. Other male workers were emboldened by the behavior and engaged in it as well, the agency alleged.
Del Taco failed to respond adequately to the female workers' complaints or stop the harassment or retaliation, the commission said. Because of the hostile work environment, some workers felt they had no choice but to quit, according to the statement. The lawsuit alleged sexual harassment and retaliation against female employees.
Under the three-year consent decree settling the case, the employer also agreed to retain an EEO monitor; review and revise its policies and procedures on discrimination, harassment and retaliation; create a structure for employees to report discrimination and harassment; and provide training to all employees on anti-discrimination laws, with an emphasis on sexual harassment. The decree will remain under the court's jurisdiction for the three-year term.

Dive Insight:

Experts continue to tell stakeholders that front-line managers and supervisors are responsible for a large number of discrimination and retaliation lawsuits.

Training is important in developing and maintaining a professional workplace and providing the means for employees and bystanders to report inappropriate behavior, experts say. Compliance training is a good first step, and it should be ongoing and ingrained in company culture, sources previously told HR Dive. Employers should be aware that an increasing number of states and localities are adopting mandatory sexual harassment training laws, including California, New York and New York City.

Periodic training and a strong reporting system are also important. Employers should conduct harassment training at least once a year, with separate sessions for managers and employees, one attorney previously told HR Dive. However, training has to happen as part of a work culture that supports the messaging to be successful; HR can create procedures for reporting harassment and discrimination that start with taking all complaints seriously, regardless of whether the alleged harassment is at the hands of a supervisor or a co-worker, and make sure that complaints are promptly investigated, experts have said.

It's important for managers to be taught when to escalate certain issues to HR so the employer can follow up on employee complaints, attorneys have said. Chipotle, for example, agreed to make significant changes following allegations of sexual harassment. As part of the settlement, the restaurant agreed to enact measures creating enhanced accountability and oversight of managers, supervisors and employees and to provide tailored anti-discrimination trainings to its leadership and employees.