Cheesecake Factory workers detail harassment claims
by Luci Scott
Dec. 1, 2008
The Arizona Republic
Bryce Fitzpatrick was working at the Cheesecake Factory at Chandler Fashion Center when he was promoted from server to food expeditor, a step toward management. One day, while he was inside the produce walk-in to hunt down watercress, the door suddenly swung open.
"About 10-plus cooks and dishwashers shut the lights out," Fitzpatrick recalls. "A guy grabbed me from behind and made me put my butt on top of his genitals."
One cook grabbed Fitzpatrick's right leg and held it up in the air. Another held his left leg. Two other men grabbed Fitzpatrick's arms.
"A cook would stand in the middle and rub his genitals into my genitals," Fitzpatrick said.
During his tenure at the restaurant, he suffered the attacks more than 20 times, he said. In interviews with The Arizona Republic, two other former employees of the restaurant chain described being similarly grabbed and held down by co-workers while men simulated sex with them.
A fourth worker, a manager, told The Republic of seeing firsthand one of the attacks and threatening to fire the offending workers.
Now lawyers are involved.
The U.S. Equal Employment Opportunity Commission filed a lawsuit in July against the Cheesecake Factory alleging sexual harassment, a violation of federal law.
After Cheesecake Factory answers the lawsuit in court, depositions will begin. A trial could be two to three years away, said Katherine Kruse, an EEOC attorney. Much civil litigation settles before it goes to trial, she noted.
In a statement, the Cheesecake Factory said it is inappropriate to discuss matters in litigation and, to preserve workers' privacy, the company does not discuss individual employees.
"However, we take all employee harassment claims seriously," the company said.
It said employees with concerns or complaints have several options, including calling an anonymous hotline. Fitzpatrick said he was not aware of the hotline.
The former workers say they felt humiliated and intimidated by the "assaults;" one of them, Michael Wilson, equated the experience to "dry raping."
"Bryce (Fitzpatrick) referred to it as simulating rape. I refer to it as sexual assault," said Phoenix lawyer Jonathan Dessaules, whom Fitzpatrick sought out after an October 2006 incident.
Fitzpatrick also filed a report with Chandler police in fall 2006, but no charges were pursued in part because, the detective in the case noted, the allegations could not be corroborated to "rise to the level of a criminal sexual offense."
Employees whom police interviewed described the incidents as "dogpile, initiation, joke, kitchen games, hazing, manhandling, horseplay and normal joking activity among Hispanic cooks."
Hazing of a sexual nature is not uncommon. Dr. Susan Lipkins, a psychologist from Long Island, N.Y., and an expert in conflict and violence, describes "sexualized hazing," including sodomy, as a national phenomenon. But it's more commonly found among high school and college athletics or in fraternal organizations such as the military or law enforcement.
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Did a search and didn't see anything about this. All I can say is... 20 times?? He must have liked it!!
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