Nu-Way Weiners Sued By EEOC For Same-Sex Sexual Harassment And Retaliation

Restaurant's Female General Manager Harassed Female Employees Then Fired Them  for Rejecting Her Advances, Federal Agency Charges

ATLANTA – Nu-Way  Weiners, one of the oldest hot dog restaurants in the country, violated federal  law by subjecting two female employees to a pattern of sexual harassment and  then firing them for reporting it, the U.S. Equal Employment Opportunity  Commission (EEOC) charged in a lawsuit recently filed.

According to the EEOC's suit, Civil Action No., 5:11-CV-384 (MTT), filed in U.S.  District Court for the Middle District of Georgia, Macon Division, two  female employees at the Macon, Ga. restaurant, were subjected to repeated acts  of sexual harassment by the restaurant's female general manager. The harassment included a daily barrage of  lewd sexual comments, gestures, and inappropriate physical touching. The general manager groped the women's  breasts and buttocks and frequently asked them to accompany her at a gay  club. Both women said that the harassment  began shortly after they started working at the restaurant, one in the summer  of 2009, the other in January 2010. Although  the general manager made it known that anyone who complained would be fired, both  women openly opposed her inappropriate behavior and asked her to stop. Both women were fired in the spring of 2010 by  the harasser after they had repeatedly rejected her sexual advances.

Sexual harassment and retaliation  for reporting it violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit after first  attempting to reach a voluntary settlement with the employer. The federal agency seeks back pay, compensatory  and punitive damages for the women, as well as injunctive relief designed to  prevent such harassment and retaliation by the restaurant in the future.

"No employee should have to endure  the kind of conduct that took place here," said Bernice Williams Kimbrough,  district director for the EEOC's Atlanta District Office. "Employers have an obligation to stop and prevent  harassment once it is brought to their attention."

The EEOC  enforces federal laws prohibiting employment discrimination. Further information about the EEOC is  available on the agency's web site at www.eeoc.gov.