Teenagers at Greater Risk of Being Harassed in the Workplace
Teenagers with jobs in the restaurant and retail industries are increasingly the most frequent victims of workplace harassment. According to an article in the industry publication Nation’s Restaurant News, since 1991, teenagers alleging sexual harassment filed 61 out of a total of 127 EEOC complaints against restaurants.1 Between 1999 and 2006 alone, restaurants paid out more than $7.3 million to settle sexual harassment lawsuits involving teenage workers.2
Studies show, however, that teenage workers are the least likely to report harassment in the workplace. 3 There are several potential reasons for their reluctance to come forward. Teenagers often lack the psychological sophistication to understand that they are victims of abuse, and are not themselves to blame.4 Many teenagers simply do not know that harassment is illegal – often because their employers have failed to properly implement anti-harassment policies or inform teenagers about an existing policy. A PBS documentary earlier this year on teen sexual harassment exposed this unfortunate reality: when teens were asked whether they knew sexual harassment at work was illegal, the young women acknowledged that, at the time they were harassed, they did not know that the law protected them against harassment. As a result, they kept the harassment a secret and never complained. 5
To address the unique circumstances of teenaged workers, some have proposed new sex harassment laws focusing specifically on teens. Applying a different standard to minors under the law is not a new idea. Minors are treated differently under many laws, including with respect to whether they can “consent” to sexual acts with adults and whether they are competent to enter into contracts. Minors convicted of criminal acts are also often held to a lower standard of culpability.
Under current law, a defendant can defeat a claim of sexual harassment by showing that the plaintiff “welcomed” the conduct.6 Research shows, however, that teenagers are more likely to submit to acts of sexual harassment than adults are. Teenagers submit to such acts not because they welcome them, but for several other reasons, including that: 1) they are physically overpowered by adults; 2) they are more concerned about losing their jobs; and 3) they are more susceptible to deception.
Jennifer Ann Drobac, Professor of Law at the Indiana University of Law, has suggested changes to the law that would take age into account with regard to whether conduct is deemed “unwelcome.” She alludes to a strict liability standard, similar to the standard applied in statutory rape cases, whereby the burden to prove consent would fall on the adult defendant, rather than the teenaged plaintiff. Whether a strict liability standard is the answer is up for debate. In the face of this growing problem, new legislation may be required to protect our most vulnerable workers from abuse.