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Most employers are aware of their duty to stop sexual harassment in the workplace. Unfortunately, even some businesses that have effective programs to deal with this type of unlawful behavior fail their workers because they do not take prompt action to remedy the problem. An ongoing sexual harassment issue involving one of American’s most popular fast food brands offers insight on how reacting slowly to a complaint could put a company in legal peril. 

Teamlyders, LLC is a franchisee that operates several Taco Bell and Arby’s locations in Michigan and other Midwestern states. It uses area coaches to help train employees at their various restaurants. The Equal Employment Opportunity Commission (EEOC) stated in court documents that in early June 2022, an HR manager received complaints, and spoke with four women workers who said that a particular area coach had engaged in workplace harassment. Despite these direct reports of improper behavior which triggered an investigation, the HR manager did not take action until late August 2022, when the alleged harasser was terminated for “improper cash handling” and “inappropriate physical contact with another employee.”

The EEOC alleged that this delay in adequately addressing the harassment complaints fell far short of the prompt action required under federal law. Furthermore, the EEOC claims that an assistant general manager who relayed the accounts of mistreatment from her crew members was immediately fired. Retaliation against employees who report harassment or discrimination is strictly prohibited under federal law, as it discourages victims and witnesses from coming forward. 

Though a specific definition of what constitutes prompt action in the investigation of a workplace harassment report does not exist, the EEOC’s case indicates that Teamlyders’ delay was definitely over the line. According to the EEOC, an employer that waits two months to remedy the situation “very likely has not acted promptly.” This guidance underscores the critical role of timely responses in preventing and addressing harassment in the workplace. 

Even if your employer has indicated that they are reviewing your complaint of sexual harassment or another type of workplace misconduct, you still might be entitled to relief if they’ve waited too long to alleviate the problem. Kardell Law Group can examine the situation and press for suitable compensation or another form of relief if effective action has not been taken.