Red Lobster Allegedly Maintained Hostile Workplace, Failed to Address Sexual Harassment

Division on Civil Rights finds probable cause suggesting a hostile work environment and constructive discharge.

NEW JERSEY – Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) have issued a Finding of Probable Cause against Red Lobster Hospitality LLC, alleging that the company violated the New Jersey Law Against Discrimination (LAD) by neglecting to take adequate steps to address persistent sexual harassment reported by an employee at its Woodbury, New Jersey location.

“Everyone has a right to a work environment free from harassment. In New Jersey, our laws protect those rights,” said Attorney General Platkin. “No reasonable employer can allow such conduct to continue unaddressed. And we hold employers who fail to protect their employees accountable.”

Overview of Allegations

A woman employed at the Woodbury restaurant filed a verified complaint with DCR, claiming management failed to respond appropriately to repeated unwanted sexual conduct perpetrated by a male line cook. The incidents she described included touching her back and buttocks and forcibly attempting to kiss her—behavior that allegedly continued despite her internal complaint to the restaurant’s then-general manager.

According to DCR’s investigation, no meaningful disciplinary action was taken against the alleged harasser, and no thorough investigation of the full extent of her allegations took place. DCR also noted that Red Lobster did not accommodate the complainant’s request for an adjusted work schedule to avoid further interactions with the alleged harasser.

“Sexual harassment continues to be a significant barrier to gender equity in our workplaces. So it is critical that every employer do their part to combat workplace sexual harassment,” said Sundeep Iyer, Director of the Division on Civil Rights. “In New Jersey, our laws provide strong protections against sexual harassment. But employees won’t benefit from those protections without meaningful enforcement of the law. That’s why we will continue our work to ensure that employers comply with their obligation under the law to investigate and take prompt, effective remedial action when workplace sexual harassment is reported to them.”

Finding of Probable Cause

Under the LAD, employers must take “prompt and effective remedial action” once they are aware—or should be aware—of harassing behavior in the workplace. DCR concluded there is reasonable suspicion that Red Lobster violated this obligation in the Woodbury restaurant. Among the key findings:

• The behavior from the male line cook was severe or pervasive enough to create a “hostile, intimidating, or offensive work environment.”
• Red Lobster did not thoroughly investigate all of the complainant’s allegations, instead focusing on only one aspect of the alleged misconduct.
• The complainant was effectively forced to resign—constructive discharge—after management allegedly declared the harasser “more important” to store operations and refused to separate their schedules.

Next Steps

A Finding of Probable Cause is not a final judgment on the merits. It signifies that DCR’s preliminary investigation uncovered enough evidence to indicate a potential LAD violation. The case now moves to conciliation, where both parties can seek a voluntary resolution. If no agreement is reached, the matter may proceed to a hearing in the Office of Administrative Law or to state court, with the Division on Civil Rights appointing a Deputy Attorney General to prosecute the case.

New Jersey residents who believe they have experienced workplace discrimination, harassment, or similar violations are encouraged to contact the Division on Civil Rights for guidance and to potentially file a complaint.