Big teen work force can cause big migraines without training in proper on-the-job conduct: the Equal Employment Opportunity Commission expects that when teens are armed with a better understanding of their rights and responsibilities at work, they will be more self-assured and able to identify proper workplace behaviors

Last autumn the Equal Employment Opportunity Commission announced a new program designed to prevent discrimination proactively against teen-age workers--the Youth@Work Initiative.

For restaurant operators the initiative is of particular significance. Restaurants in the United States employ nearly 12 million people, with nearly 30 percent of these workers under 20 years of age. The industry has been the proving ground for teen workers ever since the first car pulled into the parking lot of the local burger shop.

And in light of recent, highly publicized court decisions against some restaurant giants, it is important that industry leaders look critically at the actions of employees and management at all levels in restaurant and foodservice operations.

The Youth@Work Initiative has three main components: (1) a new youth website dedicated to educating teen-age workers about their equal employment opportunity rights and responsibilities: (2) outreach events by EEOC commissioners and field office staff for high-school students, youth organizations and small businesses that employ young workers; and (3) partnerships with business leaders, human resource groups and industry trade associations.

According to the EEOC, the goal is to empower young workers with necessary information to help them as they enter and navigate the professional world. The group expects that when teens are armed with a better understanding of their rights and responsibilities at work, they will be more self-assured and able to identify proper workplace behaviors.

As newcomers to the workforce, many teen-agers may not understand the boundaries of appropriate conduct. Teens are ill equipped to recognize and interpret the subtleties of sexual harassment in the workplace and may be further confused and intimidated so that they will not report incidences of improper behavior by their co-workers, supervisors and managers.

Behavior that is inappropriate or even unlawful in workplace settings may be commonly experienced by teen-agers when they are with friends. So how is a teen supposed to recognize which behavior is OK and which behavior is illegal when he comes to work? Awareness of legal rights and protections is generally much lower among teen-age workers than their adult counterparts. And as a result, teen-age employees may be less prepared to recognize harassment or to know where to turn if they experience harassment.

The potential for teen-age harassment in our industry is increased by several facts. In some chains and locations managers also tend to be young and relatively inexperienced interpersonally. Furthermore, restaurant employees, who may be not much older than teen-age workers, often work late hours and weekends. And the sheer number of locations managed by some chains makes it easier for inappropriate behaviors identified at a single location to fall through the corporate HR cracks.

The Youth@Work Initiative confirms the EEOC's commitment to combat a problem it believes is a disturbing trend. The EEOC has stated publicly its belief that young workers employed in the restaurant industry are particularly vulnerable to discriminatory acts, especially sexual harassment.

Recently, the EEOC announced that it was bringing suit against two franchises of a major fast-food chain for teen harassment. One suit alleges same-sex harassment and retaliation against a class of young men, and the other alleges sexual harassment against a class of young women. This past year the EEOC announced that it had settled two sexual-harassment lawsuits against Florida restaurants involving former teen employees. It is no coincidence that half of the case summaries highlighted on the Youth@Work web site involved claims of sexual harassment by teen-agers employed in the restaurant industry.

Given the number of teenage workers employed in the industry, restaurateurs are well-advised to take the following three proactive measures to ensure a harassment-free working environment:

1. Adopt an effective harassment policy.

Hospitality employers should take extra steps to ensure that their policies are effective in preventing and addressing workplace harassment of teenage employees. To be effective, the policy should be simple and understandable to the average teen-ager. A sound harassment policy should:

* State that sexual harassment is a violation of company policy and will not be tolerated;

* Define sexual harassment and provide examples of what acts constitute harassment under the policy;

* Explain that every employee has the obligation to report incidents of harassment;

* Explain how to report incidents of harassment and clearly identify the person to whom complaints should be reported;

* State that the employer's commitment is to investigate promptly complaints brought to management's attention;

* State that retaliation against any individual who lodges a complaint or participates in an investigation of harassment will not be tolerated.

2. Distribute the policy.

Simply having a policy is not enough. Employers must distribute the policy to every manager, supervisor and employee at the time of hiring. Explain the policy and provide examples for discussion and then answer any questions. Document the individual's receipt of the policy and the discussion with a form that is placed into the personnel file.

This point might seem obvious, but many lawsuits are either lost or settled because the employer is unable to prove that the employee actually received a copy of the policy. A simple, executed acknowledgment form that is signed by the employee, witnessed by the manager and retained in the personnel file can go a long way.

3. Train, train and train some more!

One time is never enough. It is essential that supervisors, managers and employees receive ongoing training about a company's harassment policy, with, as a minimum, an annual update that could coincide with the beginning of the company's fiscal year.

Such training should explain the types of workplace conduct and outside-of-work behaviors that violate the policy, the responsibility of supervisors and managers to respond to teen complaints and the actions to follow after learning about possible workplace violations. It also should discuss enforcing the laws that prohibit any form of retaliation against the teen victim or the person who reported the harassment to management.

Employers also should provide training specifically designed for teen-age workers and for managers who supervise teen-age workers. In order to effectively use training as a defense in litigation, an employer must document all training activities and maintain that documentation, including dates of training, employee signatures and a copy of the training content outline. It would be sound to have legal counsel review and approve all training materials, videos, and employee policy booklets or materials before initiating any training.

This article does not necessarily reflect the opinions of the editors and management at Nation's Restaurant News.

Kenneth N. Winkler is a partner with the Atlanta law firm of Elarbee, Thompson, Sapp & Wilson LLP and is a member of the firm's Hospitality and Service Industry Practice Group, which specializes in providing legal counsel to employers in the hospitality industry.

Nancy Caldarola, a lecturer in food-service management at the University of Georgia, Athens, is also a partner in Concept Associates Inc., a consulting group specializing in hospitality operations improvements and human resources management.

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