Despite national conversations around preventing sexual harassment, it remains too pervasive in our workplaces.

A recent lawsuit filed by the Equal Employment Opportunity Commission against Arkansas restaurant Simply Slims provides allegations that, if true, expose a textbook example of failing to prevent and stop sexual harassment.

According to the federal lawsuit, the restaurant hired a female employee, Ms. Jackson, in February 2022. Two months later, manager Cameron Wiley allegedly told her using a vulgarity that breasts were his favorite part of a woman’s body, and that her “backside looked good in leggings.” She asked him not to talk to her in that manner, and he responded to that request, referring to women as the b-word, and he also made a sexual reference about her lips.

The employee immediately reported these comments to the general manager and told him she did not want to work on the same shift as Wiley.

The general manager failed to report the complaint to the district manager or human resources, and allegedly did nothing about the complaint. When Ms. Jackson elevated the complaint to the general manager, she was placed on leave and removed from the schedule, which the company contended later was a “miscommunication.” When it invited her to return to work, the company shared that it could not substantiate that the comments were made and could not assure the employee she would not work with Wiley.

While the company’s “investigation” concluded that the comments were not made to Ms. Jackson, the company required Wiley to sign a statement titled “Documentation of Unprofessional Conduct.”

Ms. Jackson also learned that the manager allegedly assaulted another employee. The lawsuit alleges, “As a result of the sexual harassment from Wiley and because Defendant would continue to require Jackson to work with Wiley, the harasser, and allow Wiley to continue to supervise Jackson, her working conditions became so intolerable, Defendant forced Jackson to resign.”

The allegations by other women regarding Wiley’s conduct are equally egregious.

According to the EEOC, “The shift manager would brush up against the girls intentionally, rub their shoulders and poke them in inappropriate places. He fondled the breast of one young female, touched one on her bottom and placed his hand on the inner thigh of another. Eventually, the sexual harassment forced several of the employees to resign.”

The employees made complaints, and Wiley was simply told by management that he could not touch employees “even if he thought it was innocent.” The employees were also told more men would be hired and their hours would be cut.

As evidence of a recipe for harassment to flourish, the company, according to the lawsuit:

• did not review the harassment policy with the employees;

• used a computer-based system to train new employees (and does not provide any one-on-one training of its policies);

• did not provide the employees with any sexual harassment training during their employment;

• failed to maintain an effective sexual harassment policy; and

• failed to take appropriate remedial action to protect employees from sexual harassment.

Employers must actively take steps to prevent harassment with effective and well-communicated policies and training. Managers must be trained to know their obligations upon being made aware of allegations of harassment.

Once made aware of harassment allegations, employers must take steps to stop the harassment, and, in most cases, the employee engaging in the harassment should be terminated. Conduct such as sexual remarks and touching cannot be tolerated in the slightest. This case is particularly egregious since it involves harassment toward a worker as young as 16. Nothing should be more important than protecting workers and making sure they have a safe, civil and respectful workplace.