Red Lobster Hospitality LLC Allegedly Maintained a Hostile Work Environment By Failing to Appropriately Respond to Workplace Sexual Harassment

TRENTON – Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued a Finding of Probable Cause alleging that Red Lobster Hospitality LLC (Red Lobster) violated the New Jersey Law Against Discrimination (LAD) by failing to take appropriate remedial action to address workplace sexual harassment that created a hostile work environment at its Woodbury, New Jersey restaurant.

A woman employee at the Woodbury restaurant filed a verified complaint with DCR alleging that Red Lobster had failed to take action to address sexual harassment in the workplace. According to the verified complaint, the complainant initially filed an internal complaint with the now-former general manager alleging that a male line cook had sexually harassed her repeatedly. The complainant alleged that management did not conduct an impartial investigation or take meaningful steps to stop the harassment.

In the Finding of Probable Cause announced today, DCR found a reasonable ground of suspicion that Red Lobster had failed to fulfill its obligation under the LAD to respond appropriately to the sexual harassment. Under the LAD, employees are protected from sexual harassment in the workplace. Where an employer knows or should have known that an employee has been subjected to unwanted conduct based on gender and that such conduct gives rise to a hostile work environment, the employer must take prompt and effective remedial action to stop the harassment.

“Everyone has a right to a work environment free from harassment. In New Jersey, our laws protect those rights,” said Attorney General Platkin. “No reasonable employer can allow such conduct to continue unaddressed. And we hold employers who fail to protect their employees accountable.”

“Sexual harassment continues to be a significant barrier to gender equity in our workplaces. So it is critical that every employer do their part to combat workplace sexual harassment,” said Sundeep Iyer, Director of the Division on Civil Rights. “In New Jersey, our laws provide strong protections against sexual harassment. But employees won’t benefit from those protections without meaningful enforcement of the law. That’s why we will continue our work to ensure that employers comply with their obligation under the law to investigate and take prompt, effective remedial action when workplace sexual harassment is reported to them.”

Based on its investigation, DCR found sufficient evidence to support the allegation that the complainant was subjected to a hostile work environment based on her sex or gender. DCR’s investigation found that a male line cook engaged in repeated harassment of complainant by, among other things, touching the complainant’s back and buttocks and forcibly attempting to kiss her. The Finding of Probable Cause found that this harassment was sufficiently severe or pervasive that it created a hostile, intimidating, or offensive work environment.

DCR’s investigation also found that the complainant reported the harassment to the Woodbury restaurant’s then-general manager, but that Red Lobster provided no evidence that it properly investigated complainant’s internal complaint or took any disciplinary action against the alleged harasser. According to the complainant, the general manager interviewed the complainant and the alleged harasser at the same time in each other’s presence. And while Red Lobster claimed that it investigated the allegation that the harasser had touched the complainant’s arm, the evidence demonstrated that Red Lobster did not investigate complainant’s other serious allegations of sexual harassment. Ultimately, Red Lobster even denied complainant’s request for a change in her schedule so that she would not have to work with the alleged harasser.

The Finding of Probable Cause announced today also found sufficient evidence to support a reasonable ground of suspicion that the complainant was constructively discharged from her position at the Woodbury restaurant in violation of the LAD. The complainant left her job after the restaurant failed to address her report of sexual harassment and denied her request to no longer work with her alleged harasser, and after the restaurant allegedly told her that the harasser was “more important” to the restaurant’s operations than the complainant was. DCR found sufficient evidence to support the conclusion that the conditions of work became so intolerable that a reasonable person would be forced to resign, supporting a claim of constructive discharge.

The issuance of a Finding of Probable Cause shows that DCR has concluded its preliminary investigation and determined sufficient evidence exists to support a reasonable suspicion the LAD has been violated. A Finding of Probable Cause is not a final adjudication on the merits of a case. Once DCR issues a Finding of Probable Cause, the case will go to conciliation, where the parties will have the opportunity to negotiate a voluntary resolution. If no voluntary resolution is reached, DCR will appoint a Deputy Attorney General to prosecute the case either in the Office of Administrative Law or in Court.

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To view fact sheets on sexual harassment in the workplace and please visit . People with disabilities who believe their rights under the LAD have been violated can file a complaint with DCR by visiting https://bias.njcivilrights.gov/ or calling 1-833-NJDCR4U (833-653-2748).

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The New Jersey Division on Civil Rights enforces the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, and the Fair Chance in Housing Act, and works to prevent, eliminate, and remedy discrimination and bias-based harassment in employment, housing, and places of public accommodation throughout New Jersey.

To find out more information, go to www.njcivilrights.gov.

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