If you are a teenager facing sexual harassment by someone at work, you may not even know that what the person is doing is illegal. Teens and parents need to know what to look for, what to do, and who to talk to when sexual harassment happens at work.

In this blog post, I will explain how sexual harassment laws apply to teenagers at work. I will review the recent settlement, EEOC v. Hillcrest Marshall Inc. d/b/a/ Dunkin’ Donuts, and will explain how teens can fight back against sexual harassment in their jobs.

Sexual Harassment Isn’t Just Teasing – It’s Illegal

When teens enter the workforce, they often don’t know what is normal behavior for supervisors, coworkers, or even customers. When a job early in a person’s working life turns hostile, he or she may not even recognize that the behavior is a problem. Parents of employed teenagers need to make their kids’ safety a priority. Before your high schooler takes an after-school job, make sure they know that sexual harassment isn’t okay. It’s illegal.

The Equal Employment Opportunity Commission (EEOC) is a federal agency in charge of enforcing civil rights laws that make sexual harassment illegal. Sexual harassment can include sexual jokes, unwanted physical contact, or sexual imagery that happens at work. The harasser can be anyone you interact with on the job – your boss, your coworker, and even a customer.

Not every passing joke will be enough to call a sexual harassment attorney, though. In general, teasing, casual comments, or one-time incidents aren’t enough to be considered illegal under the federal law. When things get more serious, or happen more frequently, it’s time to get help from a lawyer. Also, if you say “no” to requests for sexual favors and it is held against you, that can be illegal too. The EEOC will look at whether an “adverse employment decision” has been made against you (like being fired or forced to work bad shifts), or if the pattern of behavior is bad enough to create a “hostile work environment.”

What Sexual Harassment Looks Like

Teens often have a hard time telling the difference between casual banter and sexual harassment. Here are some things you should watch for:

• Requests to have sex including oral sex or any sexual touching
• Unwanted physical contact (groping, spanking, pinching, or caressing)
• Jokes about a person’s sexuality (or virginity) or sexual orientation (even if they are incorrect)
• Requests that a person wear revealing clothing beyond the office dress code
• “Compliments” about a person’s attractiveness

Dunkin’ Donuts Settles Sexual Harassment Lawsuit with Teenage Employees

It can be especially hard for parents to believe that these kinds of things still happen. But the EEOC investigates thousands of sexual discrimination and harassment claims every year. Many involve young workers, including teenagers.

In August 2016, the EEOC announced a settlement with Hillcrest Marshall Inc., the company that runs Dunkin’ Donuts, because a store manager sexually harassed teenage and young adult women working in his store. According to the EEOC complaint, the manager talked about his genitals, tried to kiss a 20 year old employee, and pressured her to have sex. She refused and as a result he hit her, swore at her, and yelled at her. When she reported his behavior to the police, she was fired in retaliation for resisting his sexual advances.

The EEOC and Hillcrest Marshall agreed to a settlement. Over the next 3 years, the courts will make sure Dunkin’ Donuts never hires that manager again. The company will also train all its store managers about sexual harassment and will create an anti-discrimination policy and complaint procedure so that concerns can be taken to a senior manager outside the store. The teenagers and young women who suffered the harassment will also receive $150,000.00 in damages.

What Teenagers Should Do If They Face Sexual Harassment

If you are a teen and you see sexual harassment happening to you or someone else at work, the first thing you should do is object. Remember, it only counts as sexual harassment if it is unwanted. So if you see something, say something. Tell your boss that you don’t want to make that kind of jokes anymore. And by all means, never feel like you need to say yes to sexual advances just to keep your job.

You should also tell your parents about it, even if you aren’t sure whether the behavior is serious enough to count as sexual harassment. Your mom or dad can help you gain perspective on what happened, decide your next steps, and figure out how to report the bad behavior at work.

Next, report it. Many workplaces have non-discrimination policies that protect you if you file a complaint. If the person doing the harassment is a superior, go above that person’s head and complain to his or her boss. Remember, sexual harassment isn’t just uncomfortable, it’s illegal, so reporting it is the right thing to do.

Retaliation is Real, and It’s Illegal Too

Sometimes, when a manager or supervisor learns that you reported sexual harassment, he or she will try to make your life harder. Your boss might change your hours, give you short notice of your shifts, cut your hours, or even fire you. Don’t worry. The same law that protects you against sexual harassment also makes retaliation for complaints illegal. If that happens, a lawyer may be able to help you get your job back and make sure you are treated with respect.

When Teens and Parents Should Hire a Sexual Harassment Attorney

If your employer refuses to make changes at the workplace, it’s time to get a lawyer involved. The sexual harassment attorneys at Eisenberg & Baum, LLP, will meet with you and your parents to discuss your options. Depending on what happened to you they might recommend talking to your employer (this is called negotiating), filing a complaint with the EEOC, or going directly to court. No matter which route you take, our legal team will be there with you until the case is closed. It starts with a free consultation. If you have been the victim of sexual harassment contact us online to schedule a meeting.