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IHOP manager told waitress she could take day off if she had sex with him, lawsuit says

Nick Ut/ASSOCIATED PRESS

An IHOP manager told a teenage waitress she could only take the day off to attend her sister’s graduation if she had sex with him — so she refused and promptly quit, according to a lawsuit filed by the Equal Employment Opportunity Commission.

The general manager’s history of sexually harassing female workers became “well-known,” including how he “punished” those who denied his advances at the IHOP in Frederick, Maryland, court documents state. The EEOC’s lawsuit was brought on behalf of two teenage female workers and others.

Now the franchisee running the IHOP, Koerner Management Group, Inc., is paying $125,000 to settle the federal agency’s sexual harassment lawsuit, the EEOC announced in a Sept. 22 news release. This comes after the business, which operates IHOP restaurants throughout Maryland and neighboring Virginia, failed to prevent the manager’s abuse, according to the EEOC.

“Unfortunately, sexual harassment remains prevalent in the restaurant industry,” the EEOC’s Philadelphia District Director Jamie R. Williamson said in a statement. “It’s critical to remind victims that sexual harassment is against the law, they do not have to tolerate it at work, and they are protected when they complain.”

The male IHOP worker was still the general manager of its Frederick location, the “highest-level onsite management position,” when the EEOC filed its complaint in federal court, according to the agency.

However, he no longer works there as of Sept. 23, an attorney representing the franchisee KMG, Nikki Nesbitt, confirmed to McClatchy News in a statement.

“KMG denies the allegations of sexual harassment that were raised by the two employees being represented by the EEOC,” Nesbitt said. “Nonetheless, in order to avoid the costs and business disruption of protracted litigation, KMG worked closely and cooperatively with the EEOC to resolve the matter.”

The case

The case goes back to 2016 when a 17-year-old started working at IHOP as a hostess before she was soon promoted to work as a waitress, according to the complaint.

This is when the manager, who was her supervisor, began making “vulgar sexual comments” toward her and touching her, the EEOC says.

The waitress’ final straw came after she submitted a request to take off work for her sister’s graduation “well in advance,” according to the complaint.

“In response, (her supervisor) made sexual comments about (her) appearance and outfit, told her that if she really wanted that day off she would need to do something for him, and that he would grant (her) request only if she had sex with him and continue to deny the request if she did not,” the complaint states.

The waitress was “forced to quit,” similarly to another waitress who was hired at 17 years old to work at the IHOP in 2017, according to the EEOC.

The second waitress named in the complaint was also subjected to sexual harassment from the manager, including sexually demeaning and degrading comments and questions, the complaint states.

During one incident, the manager tried unbuttoning the waitress’ shirt in an area believed to be without security cameras, “only stopping when (she) threatened to scream,” according to the complaint.

Afterward, she was reassigned from morning shifts to evening shifts, resulting in the waitress making less tips than before, the complaint states. When the waitress requested returning to morning shifts, the manager said only if she had sex with him.

When she refused, the manager “said he had to keep her ‘on punishment’ by keeping her on evening and overnight shifts,” the complaint states.

This waitress was subjected to further harassment, including the manager exposing himself to her and showing her a pornographic video of himself and two other women, according to the EEOC.

Ultimately, she quit her job at IHOP because the manager’s actions became “intolerable,” the complaint states.

Several other female IHOP workers were sexually harassed by the manager, according to the EEOC. Those who complied with his advances were not subjected to his “punishment,” and given “preferential treatment,” the complaint states.

“The punishment or preferential treatment involved such matters as compensation, scheduling, shifts, table assignments and work duties, enforcement of rules and imposition of discipline, termination/constructive discharge, and other employment actions,” the complaint states.

Because KMG was aware of the manager harassing its employees and did not take action, the EEOC says it violated Title VII of the Civil Rights Act of 1964, which is in place to prohibit a range of actions including sex discrimination.

“We applaud the women in this case for their bravery in coming forward,” Williamson said.

As part of the settlement, the franchisee KMG must also enact updated anti-discrimination and harassment policies and reporting procedures across its company, according to the release. In addition, any future complaints must be investigated by a third-party employment law professional.

“KMG takes its anti-harassment obligations seriously and is glad to move forward with the EEOC’s approval of its training program, policy materials, and complaint handling,” Nesbitt told McClatchy News.

Frederick is about 50 miles west of Baltimore.

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