According to a recent study, conducted by the Restaurant Opportunities Center United (“ROCU”), women who work as servers in the restaurant industry are particularly vulnerable to sexual harassment. The report is based upon a survey conducted on 688 restaurant workers-both former and current-from 39 states. The organization that sponsored the study is a workers’ rights group focused on the restaurant industry.

While nationwide, 7 percent of all women are employed in the restaurant industry, individuals in that demographic account for a disproportionate 37 percent of the sexual harassment claims received by the federal Equal Employment Opportunity Commission. While some of those complaints involve charges of sexual harassment at the hands of restaurant co-workers or management, 78 percent of them are attributed to restaurant patrons.

According to the report, sexual harassment for these workers could be tied to pay scale. Since 22 states, including New Jersey, pay waiters and waitresses the legal federal minimum pay for tipped employees–$2.13 per hour–those who work in this occupation rely upon the tips that they receive to get by financially. Workers put up with behavior that is completely inappropriate and might otherwise be rejected as unwanted conduct. ROCU asserts this issue could be addressed if servers were paid the “real” minimum wage other types of workers receive throughout the nation, from $8 to $15 per hour.

Regardless of the occupation one is in, sexual harassment is illegal and victimized workers have legal rights to object and seek remediation. In a previous post, we described what a victim of sexual harassment should expect after filing a complaint. We pointed out that employment matters are almost always complicated from the get-go. Accordingly, we advise our clients to consult with an experienced plaintiff’s employment lawyer at the earliest possible time. The earliest claimants have the best chance of preserving evidence, working out collaborative solutions, and leveraging better retention or severance outcomes.

Source: CNNMoney, “Tip-dependent waitresses endure sexual harassment,” Aaron Smith, October 7, 2014