Legal Question in Sexual Harassment in New York
A employee @ a resturaunt made sexual remarks @ me!
I went to Wendy's w/my 80 year old Mother,I am 37 and a employee came to where I was ordering and said in spanish(I am American..can't speak spanish) ''I would like to grab those t*ts and put my face in them'' and also made the hand gesture of grabbing them.The female cashier started laughing and 4 more employees of 3 males and 1 female came over and looked and me and a few made the same gesture.At that time 2 very nice men who were customers who spoke spanish gotvery upset and told me what they said and I should report it to the manager.I did at that time and she was of no Help at all.During this another manager entered the store told him the story and he ignored me. I asked for an apology and the manger told me (''Oh Drop it!!!!) ''No'' I said. The employee then made yet another comment towardsme and the 2 very nice men told me to file a complaint I asked the cashier to please get the manager and she told me ''You look like a very young girl and they don't have time for this''. Needless to say they I called headquarters and got hold of the owner where the employee is now Fired but this is still bothering me terribly.Do I have any legal recourse.I was told since I can't speak Spanish it's OK for this to happen. No it's NOT!!!
2 Answers from Attorneys
Re: A employee @ a resturaunt made sexual remarks @ me!
Unless you are an employee of the business you
are not protected by the discrimination laws. Sexual Harassment is generally a form of gender discrimination. This is nothing but rude behavior.
Re: A employee @ a resturaunt made sexual remarks @ me!
I'm sorry to hear about the humiliation you suffered at Wendy's. I think you did the right thing in reporting the event to the corporate office. Infliction of emotional distress can be a cause of action if one suffers damages resulting from outrageous comments. Generally, this cause of action is not well-received in the courts, and the facts as presented doesn't sound like a great case in terms of liability or damages. You may want to get a second legal opinion, but I think if the responsible parties have been terminated and Wendy's issued you an apology, then you should move on. Best of luck!
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