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Is your restaurant employer leaving you vulnerable to harassment?

On Behalf of | Mar 25, 2025 | Employee Rights

Servers in restaurants and bars often face sexual harassment. Some people would claim it comes with the territory, but while it is certainly common in this industry, it should not occur. 

While the person who perpetrates the harassment is ultimately to blame, sometimes employers do things that make it more likely. Here are some of those things.

Insisting on certain dress codes

If an employer insists that servers wear short skirts, snug shorts or tight-fitting tops, you could argue that they are treating the servers’ bodies as part of the deal customers get when they enter the restaurant. That’s the message some customers may understand, too. The food and drink will taste the same regardless of what the servers wear. So why do businesses sometimes insist on these skimpy dress codes?

Insisting on servers smiling

It’s nice when you walk into a bar and the server greets you with a smile. But wouldn’t it be nicer if you knew they were smiling because they were happy, rather than because their employer had told them they must smile? Employers sometimes push staff to be smiley and bubbly and remain that way even when customers are being rude or harassing them. This sends the wrong message to customers.

Paying low wages that force employees to do more for tips

Many servers make a poor base wage and can only afford to do the job because of the tips. They may have little economic choice but to laugh when a customer makes a sexist joke or an inappropriate comment about their body, as speaking up may cost them their tip. What’s more, some employers will scold them or cut their shifts for failing to keep the customers happy when what the employer should be doing is standing up for them against the customer.

Employees who experience sexual harassment may want help to assess whether their employer did enough to protect them.

 

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