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Federal Lawsuit Details Sexual Harassment Claims Against Atmore Arby’s

NorthEscambia.com has obtained the U.S. Equal Employment Opportunity Commission lawsuit against Beaver’s Inc. alleging that the company violated federal law when it subjected several teenage female employees at an Atmore  Arby’s restaurant to sexual harassment.

NorthEscambia.com was the first local media to report the story early Saturday morning.

The EEOC alleges that between May 4, 2016, and August 11, 2016, Beavers engage in unlawful employment practices at its Atmore Arby’s store in violation of federal law, subjecting female employees to “to severe, pervasive,unwanted, degrading and offensive sexual conduct, based on their female gender.

According to the EEOC, the unlawful sexual harassment was perpetrated by the Atmore Arby’s team leader Montrelle Fisher. The lawsuit details at least 18 incidents and allegations of misconduct by Fisher against two teenagers and other female employees at the store.

The allegations made by the EEOC in the federal lawsuit include:

• There were multiple incidents in which Fisher made sexually suggested comments to the teens and other females as they worked, and he asked one teen for a hug and kiss on several occasions.
• Fisher gave a mobile phone to a female employee that contained a photograph of his genitalia. Fisher also made numerous comments to that employee of sexual nature.
• Fisher made persistent attempts to get the attention of female employees and pursue a sexual relationship with female employees. Fisher sent Facebook and text messages begging two teens to come home with him or let him come home with them. Fisher’s messages included how he wanted to wake up the female  employees in bed with sexual acts and cook them breakfast.
• Fisher attempted to follow a teen home from work without invitation while texting her, “When are you gonna let me come over and chill with you.” And he followed another teen home from work without invitation.
• Fisher pursued one teen, pressuring her to spend time with him as a “girlfriend”, and made frequent  unwelcome sexual comments to her.
• Fisher deliberately invaded the personal space of female employees, including one teen, while she was working in plain view of customers and other employees. Fisher waited for the teen to go into the cooler alone, approached her from behind
• Fisher made crude sexual comments about female customers in front of female employees.
• Female employees repeatedly refused Fisher’s sexual advances, but this did not deter Fisher’s harassment.
• Fisher pressured one female employee to be his “girlfriend” and said he would give  her anything she wanted.

The practices continued until Fisher physically injured one of the teens, according to the EEOC. The lawsuit does not detail the nature of those injuries.

Fisher’s conduct was open and notorious and Arby’s, including its supervisors and managers, was aware of it, but the company failed to take remedial action, the government alleges, creating a hostile work environment and were done with “malice or reckless indifference to the federally protected rights of the teens and other female employees at the Atmore Arby’s.

The EEOC seeks a permanent injunction against Beaver’s from engaging in sexual harassment other other employment practices which discriminate on the basis of sex,  and equal opportunity for women. The EEOC seeks appropriate compensation and punitive damages for the teens and other females.