Op-Ed: Subminimum Tipped Wage and Sexual Harassment

Seven percent of American women are employed in the restaurant industry, yet they generate 37% of sexual harassment claims to the Equal Employment Opportunity Commission. To say the least, this statistic is disconcerting. Upon reflection, one is led to consider factors contributing to the glaring issue at hand. Women working in the restaurant industry are up against the same formidable challenges as women in other industries – underrepresentation in leadership, inadequate health care, pressure to balance work and family. However, in many ways, the restaurant industry’s rampant sexual harassment can be traced back to tipping, once merely a cultural practice, but now a legalized form of payment.

In 42 states, tipped employees can legally be paid subminimum wage, which can be as low as $2.13 per hour. This is based on the assumption that the remainder of the employee’s wages will be made up by tips.

Subminimum tipped wage encourages and perpetuates a culture of sexual harassment in the restaurant industry. Tipped workers are dependent on customers for their wages. When a customer is behaving inappropriately – an uncomfortable comment, an unwanted touch – the worker rarely speaks up. Tipped workers are often struggling to make a living and do not want to risk losing a valuable customer. To further complicate the issue, in many restaurants tips are pooled between workers. Fear of losing money for coworkers can also force workers into silence. This dynamic between customer and employee normalizes the treatment of tipped workers as sexual objects.

Once the workplace has become sexualized in this way, it is a slippery slope to inappropriate behavior from coworkers and managers. The tipped worker feels as though sexual harassment is merely a part of the job that they must tolerate. The harassers themselves gain a feeling of immunity, knowing that they can get away with nearly anything. Demeaning comments are assumed to be part of “kitchen talk”, or harmless banter between coworkers. In short, subminimum tipped wage creates a sexualized restaurant culture that is hostile to tipped workers, particularly women, who make up 66% of tipped employees.

In October 2014, the Restaurant Opportunities Center United released a comprehensive report about sexual harassment in the restaurant industry. The results of the study are alarming, yet sadly unsurprising given the aforementioned dynamics of restaurant work. Women working in tipped positions were three times more likely to have managers or supervisors comment on their appearance, usually telling them to dress “sexier”. To both customers and employers, tipped workers are reduced to nothing more than sexual objects.

Women being paid sub-minimum tipped wage are twice as likely to report sexual harassment as those being paid minimum wage. Even more alarming is that this statistic is only based on reported incidents – sexual harassment remains chronically underreported. 70% of tipped workers surveyed said that they fear repercussions from reporting sexual harassment. Time and time again, the idea that sexual harassment is simply “part of the job” prevails.

Although women are disproportionately affected by subminimum wage and its connection to sexual harassment, the issue takes a toll on every worker. In states with subminimum tipped wage, all workers – including men and untipped employees – reported higher instances of sexual harassment. The sexualized work environment created by subminimum wage means that any employee can be subject to harassment.

This issue reaches far beyond the restaurant itself. Many young people’s first work experience is in the restaurant industry. It is there that they will learn workplace norms and their worth as a worker. These ideas will be carried with them into other professions and industries.

In numerous ways, subminimum tipped wage perpetuates injustices against vulnerable workers. It is an unfortunate reflection of societal values and attitudes. The scope and extent of this problem signals that it is time for a change. By raising or eliminating subminimum tipped wage, tipped employees will gain financial security and thus the power to speak up. Restaurants and corporations can improve sexual harassment training and encourage employees to report experiences with harassment. It will take a significant shift in restaurant culture to overcome these issues, but it is not insurmountable. One day, the restaurant industry will be full of employees valued for their skills, dedication, and ambition, rather than their clothing or waistline. It is time to create a workplace that is safe for all workers.

 

I have neither given nor received unauthorized aid on this assignment. Laura Harris

Bibliography:

Marcotte, Amanda. “Restaurant Workers Get Low Wages and Lots of Sexual Harassment.” Slate Magazine. 14 Oct. 2014. Web. 30 Oct. 2014.

The Glass Floor: Sexual Harassment in the Restaurant Industry. Restaurant Opportunities Center United. Web.

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