Handling Harassment

Handling Harassment
by Erin J. Shea, Associate Editor

Training, open communication help combat sexual misconduct in the workplace.

The intense, intimate environment of a foodservice kitchen can foster not only teamwork and innovation but also, in some cases, sexual misconduct.

"People are thrown into a high-pressure, hectic situation that puts them shoulder-to-shoulder trying to accomplish a job," says Paul Kennedy, an attorney with Littler Mendelson, a Washington, D.C.-based law firm specializing in employment and labor law. "They have a tendency to become chummy and more casual than they would be if they were confined to a desk."

Handling sexual-harassment allegations is an unfortunate part of doing business, Kennedy explains, but foodservice managers can prevent such situations before they happen while also establishing a friendly, respectful workplace culture.

Good Communication
For El Pollo Loco, effective training to prevent sexual harassment is based on quick and constant communication.

"It's an all-too-common occurrence," says Jeanne Scott, vice president of human resources for the Irvine, California-based chain. "Problems can happen not only with younger, less-experienced workers but with anyone in the close quarters of a restaurant."

Scott says that during the crush of high-traffic, heavy-volume dining hours, the potential for sexual-harassment problems peaks.

"When employees bump past one another, things can happen," she explains. "Some people might misinterpret actions as offensive while other workers consider them to be accidental contact in passing."

To ensure that all staffers are aware of company policies, El Pollo Locco uses training videos in its new-hire orientation and heightens sexual-harassment awareness in employee sessions that encourage open dialogue.

"With this particular topic, learning happens better when you have the opportunity to ask questions based on real-world experience," Scott says. "Operators need to help employees get to the point that they know what sexual harassment is and what it isn't."

No Laughing Matter
Kennedy notes that for his clients, encouraging teamwork while controlling excess familiarity among co-workers is a delicate assignment. Harassment problems often begin with a joke taken the wrong way, he says.

"Humor in the workplace is fine, but how far do you go and what are proper subjects for jokes?" Kennedy asks.

The first step, he says, is to establish policies that reflect state laws and other regulations defining harassment. Clear wording about repercussions for violating rules also needs to be provided to all employees.

"When operators tell employees that they have a zero-tolerance policy, it sets the stage," he explains. "Giving staff the training lets them know there are real issues out there."

Company policies should provide workers with a "road map" that defines harassing behavior, including unlawful touching and sexual assault, along with what is known as "pervasive conduct," such as pornography and explicit jokes.

"Companies that are absent these precautions can appear to be ignoring or even [encouraging] this kind of conduct," Kennedy says. "That's a formula for a painful jury verdict."

In addition to learning what constitutes unacceptable behavior, employees need to understand the proper way in which to voice a complaint.

"Sexual-harassment issues don't happen in a vacuum," Kennedy says. "Companies that get into trouble are the ones that don't pay attention to what's going on in their stores."

High-Fives and Handshakes Erin J. Shea Sexual-harassment-awareness training, like so many successful foodservice programs, begins at the top. At Damon's Grill, managers take part in a series of intense, hands-on training sessions that include classroom instruction and Internet-based policy reviews. "We train our people how to create a safe environment for their team members," says Vicki Houston, manager-in-training manager for the Columbus, Ohio-based casual-dining chain. "There is so much competition in the industry for good workers that we don't want to lose someone because we didn't teach them these issues." Prospective Damon's Grill managers undergo three days of human-resources training, including sessions that define how to "create an atmosphere that doesn't go too far." Among other lessons, managers learn what kind of touching is considered appropriate." The only kind of acceptable physical contact is a high-five or a handshake," Houston says. Verbal affirmation is
OK, but putting your arm around someone these days can be misconstrued." All employees review Damon's sexual-harassment rules in a Web-based format, which requires them to electronically acknowledge whether or not they understand company policy. "If workers don't accept it, managers are instructed on how to conduct a one-on-one session until the employee understands," Houston says. "Then we get their acceptance on file electronically in case we need to cite it in the future."