Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have taken enforcement action against Red Lobster Hospitality LLC, alleging violations of the New Jersey Law Against Discrimination (LAD). The case centers around claims of workplace sexual harassment at Red Lobster's Woodbury, New Jersey restaurant.
A female employee at the Woodbury location filed a complaint with DCR, stating that Red Lobster did not address her reports of sexual harassment by a male line cook. The complainant claimed that management failed to conduct an impartial investigation or take steps to stop the harassment.
DCR's Finding of Probable Cause suggests there is reasonable suspicion that Red Lobster neglected its duty under LAD to respond appropriately to sexual harassment complaints. "Everyone has a right to a work environment free from harassment. In New Jersey, our laws protect those rights," said Attorney General Platkin. He emphasized holding employers accountable for failing to protect employees.
Sundeep Iyer, Director of the Division on Civil Rights, noted the ongoing challenge of sexual harassment in achieving gender equity in workplaces. "In New Jersey, our laws provide strong protections against sexual harassment," he stated. Iyer stressed the importance of enforcing these laws so employees benefit from their protections.
The investigation revealed evidence supporting claims that the complainant faced a hostile work environment due to repeated harassment by a male colleague. This included inappropriate touching and attempts at kissing. The investigation also found shortcomings in how Red Lobster handled the internal complaint process and disciplinary actions.
Additionally, there is sufficient evidence suggesting that the complainant was constructively discharged after her concerns were inadequately addressed and her request for schedule changes was denied. She reportedly left her job when told that her alleged harasser was deemed more important to operations than she was.
The issuance of a Finding of Probable Cause marks DCR's conclusion of its preliminary investigation, indicating sufficient evidence exists for reasonable suspicion of LAD violations. However, it does not represent a final decision on the case's merits. Following this finding, parties may seek conciliation for voluntary resolution; otherwise, DCR will appoint a Deputy Attorney General for prosecution if necessary.
