Hurricane Grill and Wings is a restaurant which was charged with violating federal law as it allegedly permitted a regular customer to sexually harass female employees. The EEOC’s lawsuit charged that Hurricane Grill and Wings’ management did not protect the female servers from the customer who commented on their bodies, grabbed breasts and buttocks, and even told them to join him and his wife in a ménage a trois. See: http://www.eeoc.gov/eeoc/newsroom/release/7-5-11b.cfm
If these women have made a claim with the EEOC it would be illegal for their employer to do anything in retaliation for their actions in speaking up. It is unlawful to retaliate against an employee for opposing an illegal employment practice, or participating in any way in an investigation. It is also illegal for employers to retaliate against an employee when he/she requests for reasonable accommodation of her disability under the Americans with Disabilities Act, when an employee applies for medical leave under the Family and Medical Leave Act or when an employee files complaints of harassment or discrimination. Recently, the Supreme Court has ruled that the protections against discrimination and harassment, which are guaranteed under the Age Discrimination in Employment Act (ADEA), also extend to retaliation. Retaliation claims can be dangerous because there are many ways for employer to do something that appears to be retaliation even when it isn’t intended to be retaliation. There is also no requirement that whatever the employee complained about to begin with is actually illegal in order to prevail in an employer retaliation lawsuit. See: http://www.hrhero.com/topics/retaliation.html
Leeds Brown Law, PC will strive to obtain the best judgments for victims of employer retaliation. If you or someone you know has been affected by employer retaliation, you are entitled to know your rights. Our firm has had considerable success in this area of law throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.