Utah Sexual Harassment Happens Commonly In Restaurants

Over the years I have been involved in sexual harassment cases, I  have spoken with hundreds of Utah sexual harassment complainants, usually women, who felt that they had been sexually harassed. From this, I have learned that the most common place for sexual harassment to happen is where food is being prepared or served, usually a restaurant of some sort. Within the restaurant, the most common place for the sexual harassment to happen is in the company’s walk-in refrigerator. All manner of inappropriate conduct of a sexual nature can happen in these walk-in “refers.” Not only is the harassment inappropriate, it is illegal under federal and Utah laws.

The reason why many of these people who have been harassed do not have cases is that they failed to take action when they were sexually harassed. They were afraid of losing their jobs or getting their hours cut. They didn’t want to seem like they were not being a team player. They were worried about being able to move up in the company. One thing is clear, however, that when the sexual harassment is not reported, it is almost certain to reoccur.

First, the Utah sexual harassment victim needs to tell the harasser in clear, unmistakeable language that the harassment is unwelcome. They then need to report the harassment to their immediate supervisor or the person designated in their employee handbook as being the person to complain to in these situations. I have spoken with many women who experienced pretty severe sexual harassment but who never reported it to anyone. I usually have to tell these women that they don’t have a case. You need to understand that the law requires, in fairness, that the employer be given an opportunity to fix the sexual harassment problem before the employer can be held liable for it. If the employee reports the problem and it happens again, then in those situations, the employer very well could be responsible for it.

If it does look like sexual harassment has occurred and their may be a claim against the employer, I advise my clients to complain to the Utah Labor Commission, at their Salt Lake City office. (This is actually a requirement under federal law.) A caseworker there will take the information and create a formal charge, which the employee will then sign. The parties then have a chance to sit down and try to work out a settlement at the Labor Commission, located in downtown Salt Lake. If the mediation isn’t successful, the Utah Labor Commission will conduct their own investigation and will issue their findings after they have finished their investigation. A sexual harassment victim, following the settlement conference, can also request from the Labor Commission the right to file suit against their employer in Federal Court. The letter is called a “right to sue” letter.

Keep in mind that Utah sexual harassment victims may have as little as 180 days from the last date of the sexual harassment to make their claims. In some cases, they have as many as 300 days. Not a large amount of time either way.

Ron Kramer is a Utah sexual harassment attorney with offices in the Salt Lake and Utah County. He offers a free consultation on those cases which meet his criteria.