16 yr old daughter and I need advice/help

[cadillacgrl]

What is the name of your state? Iowa

My daughter got her first job at a local Pizza Hut last October. She was not given an orientation nor did she recieve an employee handbook. There was no mention of what to do about harassment if it were to happen. She only knows that there was some kind of policy hung up on a wall near the kitchen. About two months into the job, her shift manager started asking her and two 16 yr old employees to flash him. One night while she was working he took her into an office, locked the door and proceeded to unzip his pants and expose himself. He tried to push her to her knees. Luckily someone knocked on the door. He zipped his pants up and as soon as he opened the door, she got out very quickly. He took the other two girls in the office and locked the door on two other occasions, asking them to pull their shirts up. He was the ONLY manager on duty the night my daughter worked. None of the girls complained. They were too humiliated and afraid. A parent eventually found out and reported it to the police. The manager was fired soon after the police investigated. But to this day no one will mention what happened to the girls and no harassment policy has been reviewed because of what happened to them. My daughter no longer works there but the other two girls do. The Iowa asst. attorney general charged the manager with 2 counts of attempt to commit sexual assault and one count of indecent exposure. Although he confessed in his police statement, saying that he was only joking with the girls, his grandmother has hired a good defense attorney and now my daughter & the other girls have to go through a jury trial in October. They've already given depositions in the case (and cried afterwards thanks to the intimidation by the defense attorney). I filed a complaint with the Iowa Civil Rights Commission. I was furious that these girls were not even given Pizza Hut's harassment policy and complaint procedure and therefore didn't have an idea of how to handle what happened to them. I foolishly assumed that because they are a large company, they would have a zero tolerance policy and would convey that to all their employees. The ICRC doesn't want to pursue the case because Pizza Hut fired the manager as soon as they found out about the harassment. Our lawyer doesn't have experience with this type of case and wants to try to mediate a $1000 to $3000 settlement. But he doesn't think we have a very good chance. A legal firm in New York (handles employment cases) doesn't want the case either after a consult over the phone. I honestly don't understand how Pizza Hut can get away with not distibuting a harassment policy to their employees. Especially when a lot of their workers are young girls in their first job experience. I feel that this is just plain negligence on Pizza Hut's part. They left the door wide open for this manager to do what he did. He knew that the girls had no instruction of the store's complaint process and policy, of their rights. How come I can't get any help with this? What will happen to the next 16 year old who gets a job there and is sexually harassed by a manager or co-worker? Perhaps someone out there might know the answer? Many thanks -

 

[cbg]

While I wholeheartedly agree that every employer, public or private, in every state and of every size, ought to make every employee aware of how to handle a sexual harassment complaint, not all states require that a policy be given to every employee and as far as I can tell, Iowa is one that has no such requirement. Morally, yes, they should have, but legally, they are not compelled to do so. As a matter of fact, the only state I know of (though I have not studied the law in all 50 states) where an employer is REQUIRED to provide a copy of the company sexual harassment policy, is my own state of Massachusetts. There may be more but if so, I haven't found them yet. Anyone?

I have to agree that you have little chance of prevailing in a suit. The employer's sole responsibility is to make the illegal behavior stop, and they did that by firing the employee.

 

[cadillacgrl]

Thanks for your reply. I find it hard to believe, in this day and age, that more hasn't been done to ensure that workers (especially young workers) know their rights, options etc when they are first hired. I've made sure that my daughter now knows to seek out any future employer's policies/complaint procedures and to use them if needed. I still can't believe that she and the other girls had to go through this, will have to go through the trial AND that they have no legal recourse to help make policies known for future young Pizza Hut employees.........It's really sad.

Thanks again-

 

[ShyCat]

I honestly don't understand how Pizza Hut can get away with not distibuting a harassment policy to their employees. Especially when a lot of their workers are young girls in their first job experience. I feel that this is just plain negligence on Pizza Hut's part.

Good grief.

Your daughter may very well be wondering why YOU didn't educate her. You just send her out in the world and hope someone else teaches her what she needs to know to protect herself? How sad.

 

[Beth3]

cadillacgrl, with a very few specific exceptions, it's not the employer's responsibility to advise an employee of their legal rights, any more than it is (for example) a landlord's responsibility to advise a renter of their relevant legal rights. It's up to an individual to educate themselves and seek out relevant information when necessary.

If some prohibited behavior is taking place, the law in many instances puts responsibility on the victim to speak up and notify the proper authorities so action may be taken. Your daughter didn't even tell you what was going on.

 

[Beth3]

BTW - while the law doesn't require an employer to provide a copy of their discrimination/harassment policy to all employees, an employer who fails to do so voluntarily puts themselves at significantly increased risk and liability of SH or other forms of discrimination occur.

Additionally, you should consult with an employment law attorney. Your statement that "Our lawyer doesn't have experience with this type of case and wants to try to mediate a $1000 to $3000 settlement. But he doesn't think we have a very good chance." is disturbing. I don't know all the particulars but (a) employers are without question responsible for the acts of their supervisors in situations like this, and (b) I'd guess your claim could settle for a considerably larger amount.

Seek the opinion of an attorney experienced in employment law/civil rights litigation. I have doubts about the competency of your attorney to handle this particular type of claim.

 

[cadillacgrl]

How many parents feel the need to teach a company's sexual harassment policy to their child when they get their first job????? With major companies like McDonalds, Pizza Hut etc., I assumed that they educated their new employees on all their policies. That's what I, and others I've talked to, experienced when starting a new job. Why would I think differently about this major restaraunt chain? I'd love to hear from other parents who actually did sit their child down and do this (explain a company's harassment policy) when they got a new job. I had talks with her about harassment in school because comments were being made about her large chest. She went to her teacher and had it stopped. A couple of years later it started again and she knew immediately to go to her teacher. The comments stopped. So don't tell me that I don't educate my daughter.

It's not enough for companies to have a lot of policies and complaint procedures if employees aren't aware of them. Plain and simple. I believe that if these three girls knew that their manager could not retaliate against them for complaining, they would have told someone as soon as it started. Make sure your company's policies/complaint procedure is distributed to each new employee. Have them sign it, stating that they understand the policies. I don't think that this is asking too much. Many businesses are responsible enough to do that. It protects their employees as well as themselves.

 

[cadillacgrl]

PS. All three girls didn't tell. They told the asst. attorney general that they were afraid the manager would somehow get back at them by having them fired, cutting their hours etc.

Thanks for the advise about the lawyer. I really do need some serious advice right now, not judgemental thoughts about how I've raised my child. So again, thank you Beth. It's appreciated.

 

[ShyCat]

How many parents feel the need to teach a company's sexual harassment policy to their child when they get their first job?????

You choose to misunderstand.

Of course you're not expected to teach a company's policy. What about YOUR policy? What about life skills, dealing with adult situations now that she's entering the adult world?

Does it really take words in an unread employee handbook or an ignored wall poster for your daughter to know this is wrong and must be reported? The kid made like a scared bunny, saved only by a knock on the door... and then kept silent. Does Pizza Hut have to explain that sexual assault is a "bad thing"?

So don't tell me that I don't educate my daughter.

Based on results, I'd say you missed a few lessons.

I really do need some serious advice right now, not judgemental thoughts about how I've raised my child.

Judgemental? Yeah, I was. Lucky for you, I'm widely considered to have GOOD judgement.

Once you're done being defensive and feeling oh so offended, you might want to spend a little time wondering why your daughter was so helpless. How for fear of retaliation, she set the bar awfully low with "he might reduce my hours" or "I might lose my minimum-wage job"? What abuse will she endure for fear of not getting a raise or a coveted promotion?

Unfortunately, life may present your daughter with many opportunities to be a victim. What price might she be willing to pay to hold on to an abusive boyfriend? Kinda hard to deflect blame to the lack of an employee handbook for that one.

 

[cadillacgrl]

Shycat, what a coincidence then that THREE 16 yr old girls acted "helpless" and didn't tell anyone! Such a coincidence that none of these girls were taught "life lessons" by their parents! The victim's advocate told all three girls, after giving their deposition, that it is common for teenagers not to tell anyone for many reasons. Fear, humiliation, etc. And if a company doesn't have strict policies, it not only makes it easier for the harasser to do the harassing, it doesn't give these teens a route to complain, feel safe and less humiliated in doing so. It is the AGE, not the lack of life lessons they've learned from their parents. Do a bit of research on teen sexual harassment and see for yourself.

And since you brought it up, my daughter did have a boyfriend who started acting domineering and abusive. She quickly gave him the boot (all this before she started working).

Do YOU have a teenage daughter? If so, I'm sure she's the model teenager - unwilling to bend to peer pressure, completely self-assured, and all-knowing of life's lessons.........