Cheesecake Factory workers detail harassment claims

[China]

Cheesecake Factory workers detail harassment claims (http://www.azcentral.com/community/chandler/articles/2008/12/01/20081201cr-cheesecake1128.html)

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.

Click on the link for the full article

[dreamingwolf]

WTF

this makes no sense, I thought heterosexuals were the only bad people. are they really expecting us to believe that homosexuals can be sexual deviants. Pshaw, this guy will be thrown out of court with his false claims.

[Destino]

During his tenure at the restaurant, he suffered the attacks more than 20 timesWhat a wuss. That happens to me once and someone gets arrested for the sexual assault and I get arrested for the attempted murder of "10-plus cooks and dishwashers".

[zoony]

20 times? Really? 20 times?

....



edit- damn, destino beat me to it

[The Brave Little Toaster Oven]

seriously, after the first time - **** would have gone down and I would have had my lawyers ready.

is he gay or something? why would you let that go on 20 times if you didnt like it?

[dockeryfan]

20 times, lol.

I was attacked yesterday. Attacked!

and I plan on being attacked tomorrow.:silly:

[chaddukes]

seriously, after the first time - **** would have gone down and I would have had my lawyers ready.

is he gay or something? why would you let that go on 20 times if you didnt like it?

Agreed. Its not like being a prep cook at the Cheesecake factory is like being a stock broker on wall street. I can't possibly see why you would ever allow that to happen twice!

And if for some reason I decided that I wasn't going to quit my job I sure as hell wouldn't go into the walk-in without a knife!

[SkinsOrlando]

Oddly enough I heard HH just applied to be the "freezer" cleaner at cheesecake factory.

[Burgold]

20 times? Really? 20 times?

....



edit- damn, destino beat me to it


seriously, after the first time - **** would have gone down and I would have had my lawyers ready.

is he gay or something? why would you let that go on 20 times if you didnt like it?

Yup. Once would have been enough for me. Would have quit and either got a shotgun or called the police.

[Zguy28]

I'll take a cheesecake WITHOUT a side of sodomy please.

[TMK9973]

Agreed. Its not like being a prep cook at the Cheesecake factory is like being a stock broker on wall street. I can't possibly see why you would ever allow that to happen twice!

And if for some reason I decided that I wasn't going to quit my job I sure as hell wouldn't go into the walk-in without a knife!


Well - In fairness, CF GM's make 6 figures and get a BMW.

on the other hand, I got worse news for him. Going from Sever to food expediter is NOT a step closer to management... More like the other direction....

ok -I guess that isn't the worse news compared to be attacked 20 times....

[Zguy28]

20 times? Really? 20 times?

....



edit- damn, destino beat me to itI think some people are in such dire straights economically or whatever that they can't afford to do anything about this stuff but endure it.

[cuchip703]

20 times....20 times....methinks Bryce wasn't that upset about it

[zoony]

I think some people are in such dire straights economically or whatever that they can't afford to do anything about this stuff but endure it.


Not true. If the area is built up enough to have a Cheesecake factory, I will bet you my entire 401k that there are at least half a dozen businesses in the area who are hiring that require no qualifications other than a heartbeat. And this article says he was making steps towards managmeent- which means he was an hourly employee. Probably making $9 / hour or so if I had to guess.


Besides, that's irrelevant. You report that kind of thing to the authorities the first time it happens.

And believe me, you HOPE they fire you. Because then you have a beautiful lawsuit on your hands, and never have to work again.

[CallMeGreen]

So this happens 19 times, then, what? "One more time guys and seriously I'm going to have to tell somebody about this."

A threshold of 20 seems pretty high. That's some messed up stuff there.

[TMK9973]

So this happens 19 times, then, what? "One more time guys and seriously I'm going to have to tell somebody about this."

A threshold of 20 seems pretty high. That's some messed up stuff there.


That made me LOL

[The Brave Little Toaster Oven]

Now I know what's in that cheesecake :doh:

[HOF44]

I think we've found Reic a career!!

Put that towel pic on his resume and I'm sure he'd be manager material there. ;)

[Destino]

Besides, that's irrelevant. You report that kind of thing to the authorities the first time it happens.

And believe me, you HOPE they fire you. Because then you have a beautiful lawsuit on your hands, and never have to work again.

Exactly. Getting fired because you reported a sexual assault is the stuff lawyers dream about.

[cbeals]

Now you know what will be going through my mind if i'm ever at a cheesecake factory wondering where the workers are??? HELLOOOO, just want one slice here...where'd ya go??:doh:

[Midnight Judges]

Any time somthing happens like this where a whole gang of people are involved, I always wonder how in the hell would something like this get started? Perhaps they were prepping their stations one day and one guy says "you know, I think we should hold down the new guy while I smear my junk all over his junk. Waddyathink?" "HELL YEAH DUDE I WAS THINKIN THE EXACT SAME THING!"

[Corcaigh]

Cheesecake Factory does catering for Turkish prisons?

[zoony]

Any time somthing happens like this where a whole gang of people are involved, I always wonder how in the hell would something like this get started? Perhaps they were prepping their stations one day and one guy says "you know, I think we should hold down the new guy while I smear my junk all over his junk. Waddyathink?" "HELL YEAH DUDE I WAS THINKIN THE EXACT SAME THING!"



That happened at my job once. Luckily, only 4/10 were in favor. :whew:

[The Brave Little Toaster Oven]

Any time somthing happens like this where a whole gang of people are involved, I always wonder how in the hell would something like this get started? Perhaps they were prepping their stations one day and one guy says "you know, I think we should hold down the new guy while I smear my junk all over his junk. Waddyathink?" "HELL YEAH DUDE I WAS THINKIN THE EXACT SAME THING!"

it makes me think of the movie Waiting and the game they played to get people to look at their balls. Maybe its some sick initiation into their club? haha

[SkinsOrlando]

Any time somthing happens like this where a whole gang of people are involved, I always wonder how in the hell would something like this get started? Perhaps they were prepping their stations one day and one guy says "you know, I think we should hold down the new guy while I smear my junk all over his junk. Waddyathink?" "HELL YEAH DUDE I WAS THINKIN THE EXACT SAME THING!"


Check there prison records, you'll find the answers there.

[Die Hard]

What a wuss. That happens to me once and someone gets arrested for the sexual assault and I get arrested for the attempted murder of "10-plus cooks and dishwashers".

What ever happened to "justice"? That's just blind rage and revenge talking there.

I thought you weren't an "eye for an eye" kinda guy. It's all fine and dandy until it's your face dripped with acid.

[Corcaigh]

And we're off.

:munchout:

[zoony]

And we're off.

:munchout:

I'll pull up a chair :pint:

I have no idea where this one is going

[Die Hard]

And we're off.

:munchout:

It's too easy. Deep down.... the average person is a hypocrite.

99.9% of the population lets people get away with that type of behavior. I don't. I think it says a lot about the person..... and their integrity.

[dcnativenerd]

I'm not at all a violent person...
but if this happened to me ONCE, someone's gonna get hurt badly.

[No_Pressure]

Like everybody else said, 1 time and there are at least 7 dead cooks and dishwashers in the Cheesecake Factory, 10 if I have time to reload.

[Chump Bailey]

it makes me think of the movie Waiting and the game they played to get people to look at their balls. Maybe its some sick initiation into their club? haha

That's exactly what I was thinking and it probably did originate from that...

I hope they washed their hands...

[zoony]

It's too easy. Deep down.... the average person is a hypocrite.

99.9% of the population lets people get away with that type of behavior. I don't. I think it says a lot about the person..... and their integrity.

I think that's true- we're all hypocrites on some level. Some more than others, and often times, we don't even realize it. You could probably make the case that Joe Gibbs is a hypocrite for some of the things he's done, but I don't think you could say he lacks integrity (okay some would, but that's a different discussion)

But at the end of the day, actions stand alone imo.

For instance, which is worse? To murder someone, or to murder someone while advocating peace? Both are equally bad in my eyes. However, no doubt one is more annoying :)


Okay, now we've totally derailed the thread. Sorry China :)

[Enter Apotheosis]

It's too easy. Deep down.... the average person is a hypocrite.

99.9% of the population lets people get away with that type of behavior. I don't. I think it says a lot about the person..... and their integrity.

I don't think it says anything about integrity in cases like these. There's an awfully big difference between an emotional reaction and calm rationalization.

[Die Hard]

I don't think it says anything about integrity in cases like these. There's an awfully big difference between an emotional reaction and calm rationalization.

You don't think it speaks volumes about a person's integrity.... when they share their moral values (and claim superiority in doing so) to one person.... and then take the COMPLETE opposite stance to another audience on something completely identical?

Come on, walk away.

Either you don't know the background here... or you do and you're completely wrong.

[Destino]

What ever happened to "justice"? That's just blind rage and revenge talking there.

I thought you weren't an "eye for an eye" kinda guy. It's all fine and dandy until it's your face dripped with acid.
You think self defense is the same as eye for an eye justice system? You're losing it.

[Prosperity]

It's too easy. Deep down.... the average person is a hypocrite.

99.9% of the population lets people get away with that type of behavior. I don't. I think it says a lot about the person..... and their integrity.
In a more broad sense:

It's not hypocrisy to make an emotional exception for your own case and want law and order for every other case if it is there are the social forces that will keep each others in check. Emotion can often taint the ability to reason accurately, it may be best to let those less effected emotionally to make the reasonable judgments.

[TheDoyler23]

it makes me think of the movie Waiting and the game they played to get people to look at their balls. Maybe its some sick initiation into their club? haha

Ha. "These people have a deep commitment to their jobs."

[Destino]

It's too easy. Deep down.... the average person is a hypocrite.

99.9% of the population lets people get away with that type of behavior. I don't. I think it says a lot about the person..... and their integrity.

"I'm not so self-righteous... as to believe there's a "lower level" to sink to" - Die Hard

Not all of us see the world this way Die Hard. If you fancy yourself a part of a special 0.1% of people that are righteous enough to prove that everyone else sees things the same way but refuse to admit it... have at me.

[Kosher Ham]

Well - In fairness, CF GM's make 6 figures and get a BMW.

on the other hand, I got worse news for him. Going from Sever to food expediter is NOT a step closer to management... More like the other direction....

ok -I guess that isn't the worse news compared to be attacked 20 times....

Actually at the Cheesecake Factory being an expeditor is a step closer to management. They are extended management, as well as their trainers in any department.

The GM's typically do make 6 figure incomes and drive BMW's (typically), but it is a perk with being a GM and not a gift, just a leased car that the GM has the option to take that money instead. In their corporate office many employees have that option as well.

They have a position within the restaurant that is basically being an executive secretary also closer to management, but it is an hourly position, not a salaried position. Their managers don't work nearly as hard as other restaurants' managers. Their front of the house managers, only deal with the front, their kitchen managers only deal with the back. Most restaurants it doesnt matter what your official title is you do both. The expeditor is the liason between front and back, and a huge responsibility, thus the reason it is indeed a step towards management.

[Die Hard]

If you fancy yourself a part of a special 0.1% of people that are righteous enough to prove that everyone else sees things the same way but refuse to admit it... have at me.

I already did. It's display and visible for all to read. That's why they're posting the popcorn smilie champ. You don't have to be righteous to point out when someone is a blatant hypocrite.

Heck, it didn't even take 24 hours before you completely put your foot in your mouth. Thanks for making my job so easy.

I don't think there's anything inherently bad/good..... but their is subjective value to things that we individually place on things/people.

In this case, as you've proven to be a hypocrite, you've demonstrated possibly 2 things:

#1. That you're a flat out liar.
#2. You obviously haven't given a lot of thought to your values... which makes it easy to allow for discrepancies.

In which case.... may I suggest you shut the hell up and post less... and certainly with less poignancy and indignancy... until you've given things a helluva lot more thought. Apparently you aren't as bright as you thought you were.

In either case, myself and the community just plain don't have any use for your posts..... because they're nothing but useless gibberish. That's all I'm pointing out. You're a crappy read.... and a useless author. Your posts have lost all meaning and value. You don't add anything to ES.

[Dan T.]

In either case, myself and the community just plain don't have any use for your posts..... because they're nothing but useless gibberish. That's all I'm pointing out. You're a crappy read.... and a useless author. Your posts have lost all meaning and value. You don't add anything to ES.

Have at it with your argument with Destino, it could be entertaining. But please don't presume to speak for all of us. Because I for one think you're flat wrong with this statement about his posts.

[Predicto]

In which case.... may I suggest you shut the hell up and post less... and certainly with less poignancy and indignancy... until you've given things a helluva lot more thought. Apparently you aren't as bright as you thought you were.

In either case, myself and the community just plain don't have any use for your posts..... because they're nothing but useless gibberish. That's all I'm pointing out. You're a crappy read.... and a useless author. Your posts have lost all meaning and value. You don't add anything to ES.


I utterly disagree. To be honest, I think Destino adds a lot more to ES than 95 percent of the people here, including some moderators.

Besides, if we start calling everyone out everytime they hyperbolize a little, things would be pretty dull around here.

Now there may be some history between you two that I don't know about, so I'll let it go at that.

[Destino]

I already did. It's display and visible for all to read. That's why they're posting the popcorn smilie champ. You don't have to be righteous to point out when someone is a blatant hypocrite.

Heck, it didn't even take 24 hours before you completely put your foot in your mouth. Thanks for making my job so easy.
It's not surprising that someone as humble as yourself would simply declare that they had proven a point when they haven't. Hell, I'm sure you believe it. The problem is I challenged your claim directly and on its face it doesn't hold up.

There is a difference between self defense action in the heat of the moment and a justice system. Feel free to comment.

You are hell bent to prove a point, so prove it. Go for it. If you can't go back to that dark hole of yours from which there is no "lower level to sink to" and keep telling yourself we are all in there with you.



I don't think there's anything inherently bad/good..... but their is subjective value to things that we individually place on things/people.We disagree. In fact I think a lot of people disagree and I think that bugs the crap out of you. So keep trying to drag us all into that pit where there is no bad/good, where there is "no lower level to sink to" just an endless stream of moral relativism and rationalizations to make us feel better about the things we do.



In this case, as you've proven to be a hypocrite, you've demonstrated possibly 2 things:

#1. That you're a flat out liar.
#2. You obviously haven't given a lot of thought to your values... which makes it easy to allow for discrepancies.
More premature claims of victory. I've put a lot of thoughts into my values and you clearly don't understand them. That didn't stop you from claiming that you do and claiming that I'm a liar however. Well done.




In which case.... may I suggest you shut the hell up and post less... and certainly with less poignancy and indignancy... until you've given things a helluva lot more thought. Apparently you aren't as bright as you thought you were.

In either case, myself and the community just plain don't have any use for your posts..... because they're nothing but useless gibberish. That's all I'm pointing out. You're a crappy read.... and a useless author. Your posts have lost all meaning and value. You don't add anything to ES.Speaking for the community now? Nice. Well, thanks anyway for the suggestion. Try not to throw the mouse when you reply.