Profile
Photos
Comments
03.05.2010 10:36am EST
(WASHINGTON) Jonathan Pilkington’s boss wouldn’t take no for an answer.
During more than two years as a food runner at an upscale steakhouse
in Scottsdale, Ariz., Pilkington says his male supervisor groped,
fondled and otherwise sexually harassed him more than a dozen times.
“It was very embarrassing,” Pilkington said. “I felt like I had to do something because the situation was just so bad.”
Now Pilkington, a married father of two, is the star witness in a
federal lawsuit against Fleming’s Prime Steakhouse & Wine Bar and
one of a growing number of men claiming they are victims of sexual
harassment in the workplace.
From 1990 to 2009, the percentage of sexual harassment claims filed
by men has doubled from 8 percent to 16 percent of all claims,
according to the Equal Employment Opportunity Commission.
Women still file the overwhelming majority of sexual harassment
claims with the EEOC and state and local agencies. But lawyers at the
commission say they’ve noticed the increase in complaints by men – more
than 2,000 were filed in 2009 out of about 12,700 cases.
Male claims made up about 12 percent of all cases a decade ago, but
the percentage has continued to rise even as the overall number of
sexual harassment complaints has declined. And last year, the
percentage of lawsuits the EEOC filed on behalf of male victims hit an
all-time high, making up 14 percent of all cases.
“It’s certainly possible that there’s more sexual harassment of men
going on, but it could just be that more men are coming forward and
complaining about it,” said Ernest Haffner, an attorney in the EEOC’s
Office of Legal Counsel.
While some cases allege harassment by female supervisors or
co-workers, most charges involve men harassing other men. Sometimes
it’s unwelcome romantic advances. Other times, men are picked on
because they are gay, perceived as being gay or not considered
masculine enough for the work setting.
In the past, some employers might have shrugged off such antics as
“boys will be boys” horseplay or fraternity-type behavior. But the EEOC
has been filing more lawsuits involving male victims, saying it wants
to send a message that such behavior is unacceptable and unlawful.
In November, for example, the Cheesecake Factory restaurant chain
agreed to pay $345,000 to six male employees who claimed they were
repeatedly sexually assaulted by a group of male kitchen staffers at a
Phoenix-area restaurant.
The EEOC said the abusers would drag some victims kicking and
screaming into a walk-in refrigerator, touching and grinding against
the victims’ genitals and take turns simulating rape. The company
denied the allegations but agreed to make a financial settlement and
educate its employees and managers about sexual harassment.
Susan Strauss, a consultant who advises companies about how to avoid
sexual harassment in the workplace, said she’s seeing more cases in
which men are subject to a sexualized form of hazing.
“If you don’t fit the masculine stereotype or are viewed as
effeminate, you get picked on in a sexual way to demean you,” Strauss
said.
Cases involving women making unwanted advances toward men may also
be rising as women make up a growing part of the work force. Last year,
the Regal Entertainment Group, which operates a national chain of movie
theaters, agreed to pay $175,000 to settle a lawsuit by a male employee
who claimed a female co-worker repeatedly grabbed his crotch at work.
When the employee complained to his supervisor and the theater’s
then-general manager, he claims, she failed to stop the harassment and
instead retaliated against the victim with unfair discipline and lower
performance evaluations.
The number of cases filed by men has grown steadily since a landmark
Supreme Court ruling in 1998 held that same-sex harassment is a valid
claim under federal anti-discrimination laws. That ruling involved an
offshore oil rig worker who said he was subject to humiliating
sex-related treatment by other workers, including being sodomized in
the shower with a bar of soap.
In Pilkington’s case, he claims the restaurant’s chef would grope
and pinch his genitals or grab his backside when Pilkington walked to
the kitchen or stock room. Despite his complaints to the restaurant’s
operating partner, he says the conduct didn’t stop.
After one incident, Pilkington lost his composure and yelled at the
chef, making a scene. Days later, he was fired – an action he claims
was retaliation for his complaints. An EEOC lawsuit on behalf of
Pilkington and three other current and former employees is pending.
“I think maybe it’s just harder for males to come out and file a
complaint because of how embarrassing it is,” Pilkington said. “When I
talk about it I get this nauseous feeling in my stomach.”
The restaurant has denied the charges. In a statement, the company
that owns Fleming’s said the restaurant “has always been committed to
providing a safe and healthy workplace free of harassment for all of
its associates.”
Many victims are hesitant to come forward because they are afraid of
being considered unmanly or being derided by co-workers, said Mary Jo
O’Neill, a regional attorney in the EEOC’s Phoenix District office.
“All sexual harassment victims feel humiliated, lacking control and
power,” O’Neill said. “This has a different twist because everyone
expects that they would be able to handle it and take care of it
themselves.”
Pilkington has since moved on to another job. While he is
embarrassed by the publicity his case has received, he says it was the
right thing to do. The EEOC lawsuit seeks damages for him and other
workers alleging harassment, along with back pay and compensatory and
punitive damages.