Reply #2: Heres a longer article with more info [View All]

[FreeState]

(It does not say if anyone is gay - but Im guessing its more of "hazing" type of behavior than anything to do with orientation)

http://www.azcentral.com/business/articles/2009/11/10/20091110abrk-cheesecakesettle.html

The restaurant chain Cheesecake Factory will pay $345,000 to six male employees who allegedly were sexually harassed and assaulted by other male employees at the restaurant at Chandler Fashion Center.

The payment settles a lawsuit filed in 2008 by the U.S. Equal Employment Opportunity Commission, which claimed that Cheesecake Factory knew about and tolerated repeated sexual assaults against the men by a group of other men who worked in the kitchen.

Sidney Greathouse, vice president of legal services for California-based Cheesecake Factory Inc., denied the allegations.

“Actions of this nature are simply not tolerated by us,” he said in a statement.

The consent decree assigns no liability, but allows the company to avoid further expense of litigation, he said.

Four men -- Bryce Fitzpatrick, Albert Miller, Jesse DeJong and Michael Wilson -- filed charges with the EEOC.

Two others, John Andrew and Julio Muñoz, became part of the class action.

The EEOC said the evidence overwhelmingly showed that the abusers touched the victims inappropriately, made sexually charged remarks and forced the victims into repeated incidents of simulated rape.

Managers also witnessed employees dragging the men kicking and screaming into a refrigerated room, the EEOC said.

Victims complained to managers, who never stopped the abusive behavior, the agency said.

One victim called Chandler police, who investigated but never filed charges. Sexual harassment violates Title VII of the Civil Rights Act of 1964.

In addition to the monetary relief for the victims, the decree calls for the Cheesecake Factory to train its employees and managers about sexual harassment. It also is required to assign an ombudsman to field and address complaints about sexual harassment. If the company fails to take these actions, the court could levy sanctions.

Jonathan Dessaules, a Phoenix lawyer who represented two of the six men in the class action, called the settlement “an appropriate outcome." He said the men did not want to speak publicly, beyond saying they are “looking for closure.”

“It's really a shocking and egregious case,” said Mary Jo O'Neill, regional attorney for the EEOC. “In my 30 years of doing this, this was really, really bad conduct against these young men…”

Often a victim was abused by several men at once, she said.

Long after complaints were made, some of the kitchen staff were fired. But it's unclear if all alleged abusers were fired, O'Neill said.