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Boston Restaurant Sued for Lewd Behavior and Sexual Harassment of Female Employees

According to a lawsuit filed earlier this week, female workers at Boston’s McCormick & Schmick’s seafood restaurant have been routinely subjected to sexual harassment from male co-workers and supervisors. The five women involved in the lawsuit allege that their complaints about ongoing groping and lewd comments were consistently ignored by the company.

The McCormick & Schmick lawsuit is just another example of the routine abuse and harassment faced by low-income workers, especially in the hospitality industry. Many of these women are undocumented immigrants and speak little to no English, which prevents them from coming forward about their abuse. Even if they have legal status and speak English, low-income workers may be hesitant to report harassment for fear of losing their job, and income. For many of these women, the loss of a pay check – however small – would have devastating consequences. As such, they suffer in silence.

Low-Income Workers have Legal Rights

Fabiana Santos, a prep cook at the restaurant, said she endured unwanted touching and lewd comments from a dishwasher.

“The disgusting things that happened to me made me feel dirty,” said Santos, through an interpreter. “And when I got home, I didn’t even want my kids to touch me.” A MA employment law attorney can help you protect your rights if you’ve been discriminated against in the workplace.

Another woman, Marta Romero, says that she felt powerless to stop the groping and harassment she suffered at the hands of a sous chef, who also happened to be her supervisor.

“I want other women to know that whatever type of work they do or who they are, they’re not powerless,” said Romero, through an interpreter. “They are powerful and have legal rights.” A Boston workplace sexual harassment attorney can help you determine how to proceed if you’ve been the victim of lewd or abusive behavior.

McCormick & Schmick’s Denied that Conduct Constituted Sexual Harassment

Despite repeatedly reporting the sexual harassment to the Houston-based restaurant chain, all five women involved in the lawsuit said they were ignored. According to the lawsuit, the company’s human resources department did impose some disciplinary actions against certain employees, but the company denied that the conduct reached the level of sexual harassment.

The five women eventually went to the U.S. Equal Employment Opportunity Commission (EEOC), which ruled in their favor. According to the lawsuit, the EEOC ruled in 2015 that there was cause to believe that McCormick & Schmick’s workers had engaged in sexual harassment. As such, the women were able to proceed with their lawsuit, which was filed on Tuesday in Boston’s Suffolk County Superior Court.

Domestic Workers are Especially Vulnerable

Female workers in the agricultural, hospitality, hotel, and domestic industries have the highest risk of workplace sexual harassment. Domestic workers have the greatest challenge due to the nature of their jobs.

“There is no human resources department,” said Marisa Senteno, the National Domestic Workers Alliance’s enforcement program manager. “You don’t have co-workers, so how are you going to prove that these things are happening?”

Altman & Altman, LLP – Boston’s Top Employment Law Firm

If you have been the victim of workplace sexual harassment, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of MA workers for more than 50 years. Sexual harassment has been in the news lately due to the dozens of female celebrities and other high-profile women who have come forward, claiming they have been harassed, abused, and even drugged by male co-workers and superiors. The #MeToo movement has received an outpouring of support, but it largely overlooks the sexual abuse of low-income workers, which actually occurs with much greater frequency. If you’ve been sexually harassed at work, don’t suffer in silence. We can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

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