Virginia-based Mid Atlantic Dairy Queen, LLC agreed to pay a total of $145,000 and adopt multiple workplace reforms to resolve sex-based harassment charges involving female employees, including teenagers, at two Dairy Queen locations in Norfolk and Virginia Beach.

The matter was resolved through conciliation with the EEOC rather than litigation. The EEOC found reasonable cause to believe the company knew or should have known about repeated sexual harassment and failed to stop it, in violation of Title VII.

The underlying conduct occurred between about July 2022 and February 2023 and involved two former male employees at the Granby Street store in Norfolk and the Landstown store in Virginia Beach.

Female workers, including teen employees, were subjected to ongoing inappropriate sexual comments and unwelcome physical contact that created a sexually hostile work environment.

The non-monetary relief requires Mid Atlantic Dairy Queen to strengthen its anti-harassment infrastructure, including updating or establishing written policies prohibiting sexual harassment and retaliation, and improve complaint and reporting procedures. The company is to provide providing harassment prevention training for decision-makers and other personnel.

Source: https://www.eeoc.gov/newsroom/mid-atlantic-dairy-queen-pay-145000-resolve-eeoc-sexual-harassment-charges

Commentary

According to the source, some of the targets or victims of the harassment were minors.

When minors are hired into entry?level jobs – no matter the type of employer, they occupy a uniquely vulnerable position that predators and bad actors often recognize and exploit, making them a high?risk group for workplace misconduct, including sexual harassment. This is true whether their first job is in a fast-food restaurant or in a corporate setting.

These young workers may lack experience, job security, and a strong support network at work, which makes them less likely to report abuse or push back when pressured, and more likely to tolerate inappropriate behavior out of fear of losing their job or being labeled "difficult.

Leadership must acknowledge that minors are not "young adults" but are legally and psychologically distinct, with developing judgment and limited understanding of workplace rights and boundaries.

Because they are often paid minimum wage or close to it, they may feel they have little leverage and are easily replaceable, which predators use to their advantage by isolating them, making threats, or offering small favors in exchange for silence.

This power imbalance is especially dangerous when supervisors or older coworkers target them, because the minor may not realize that the behavior is illegal or that they are entitled to protection.

Steps organizations can take to prevent harassment to all workers include:

• Incorporate into your mission that workplace participants be treated equally, fairly, and respectfully
• Establish policies, procedures, and standards that promote equality, require civility, and respect boundaries and adhere to policies, including policies that prohibit sexual harassment
• Enforce your organization's policies, procedures, and standards, including those that prohibit sexual harassment
• Encourage all workplace participants to report sexual harassment that they view, discover or reasonably suspect is occurring
• Avoid hiring or selecting applicants or workers with a history of sexual harassment
• When hiring require work and personal references and ask the references if the applicant has a history of sexual harassment, sexual harassment complaints, uncivil or disrespectful behavior, and/or ignoring boundaries. If the answer is yes, move onto another applicant
• Review the public social media pages of applicants to determine if they engage others in a civil and respectful manner and if they respect the boundaries of others
• Make certain all workplace participants go through an orientation program, which includes policies prohibiting discrimination and harassment
• Discipline any employee — regardless of title, status, or duties — who engages in, encourages, or promotes sexual harassment, is uncivil to workplace participants, and/or ignores boundaries of others and/or the organization
• Discipline any employee — regardless of title, status, or duties — who makes a knowingly false claim of sexual harassment
• Make certain all terminations are based on provable and documented objective factors, related to job performance, and not based on subjective, arbitrary, or illegal factors, including terminations for reporting, complaining, and/or providing testimony about sexual harassment
• Make certain that new leadership treats existing employees equally, fairly, and legally prior to hire or transfer and does not have a history of sexual harassment, sexual harassment complaints, uncivil or disrespectful behavior, and/or complaints regarding respecting boundaries of others
• Document all actions related to termination or discipline of workers, including workers accused of sexual harassment
• Require all workplace participants to take sexual harassment prevention training in a language they understand
• Require all workers to take diversity equality and inclusion and civility training in a language the trainee can understand
• Provide several safe and effective means for workplace participants to report sexual harassment
• Consider prohibiting sexual and/or intimate relationships between coworkers
• Clearly communicate, through policies, procedures and postings, the means and process by which workplace participants can report sexual harassment
• Allow for a means by which workplace participants can report sexual harassment anonymously without fear of retaliation
• Investigate all reports and reasonable suspicions of sexual harassment in a thorough, prompt, and objective manner
• Consider the use of third-party investigators for sexual harassment investigations that involve executive management, more than one complainant, charges of sexual assault or abuse or where there is a conflict of interest with investigators that are workplace participants
• Prohibit retaliation against workplace participants who report or complain about sexual harassment or who are involved in investigations regarding sexual harassment
• Provide a safe and effective means for workplace participants, who report or complain about sexual harassment or who are involved in investigations