Workers tell of abuse at Cheesecake Factory

**RaVen Blackehart** · December 2nd, 2008, 07:23 PM

"Bryce Fitzpatrick was working at the Cheesecake Factory at Chandler Fashion Center when he was promoted from server to food expeditor, a step toward management.

One day, while he was inside the produce walk-in to hunt down watercress, the door suddenly swung open.

"About 10-plus cooks and dishwashers shut the lights out," Fitzpatrick recalls. "A guy grabbed me from behind and made me put my butt on top of his genitals."

One cook grabbed Fitzpatrick's right leg and held it up in the air. Another held his left leg. Two other men grabbed Fitzpatrick's arms.

"A cook would stand in the middle and rub his genitals into my genitals," Fitzpatrick said.

During his tenure at the restaurant, he suffered the attacks more than 20 times, he said. In interviews with The Arizona Republic, two other former employees of the restaurant chain described being similarly grabbed and held down by co-workers while men simulated sex with them.

A fourth worker, a manager, told The Republic of seeing firsthand one of the attacks and threatening to fire the offending workers.

Now lawyers are involved.

The U.S. Equal Employment Opportunity Commission filed a lawsuit in July against the Cheesecake Factory alleging sexual harassment, a violation of federal law.

After Cheesecake Factory answers the lawsuit in court, depositions will begin. A trial could be two to three years away, said Katherine Kruse, an EEOC attorney. Much civil litigation settles before it goes to trial, she noted.

In a statement, the Cheesecake Factory said it is inappropriate to discuss matters in litigation and, to preserve workers' privacy, the company does not discuss individual employees.

"However, we take all employee harassment claims seriously," the company said.

It said employees with concerns or complaints have several options, including calling an anonymous hotline. Fitzpatrick said he was not aware of the hotline.

The former workers say they felt humiliated and intimidated by the "assaults;" one of them, Michael Wilson, equated the experience to "dry raping."

"Bryce (Fitzpatrick) referred to it as simulating rape. I refer to it as sexual assault," said Phoenix lawyer Jonathan Dessaules, whom Fitzpatrick sought out after an October 2006 incident.

Fitzpatrick also filed a report with Chandler police in fall 2006, but no charges were pursued in part because, the detective in the case noted, the allegations could not be corroborated to "rise to the level of a criminal sexual offense."

Employees whom police interviewed described the incidents as "dogpile, initiation, joke, kitchen games, hazing, manhandling, horseplay and normal joking activity among Hispanic cooks."

http://www.azcentral.com/news/articl...28copy-CP.html

**Tazzzz** · December 2nd, 2008, 08:11 PM

Hmm wonder what they put into thier batter at the Cheesecake Factory or maybe they just hire freaking pervs. The Cheesecake Factory was were Jennifer Richards,and her married boyfriend, Sean Michael Block, used to work as well. They got busted by the FBI looking for a 5 year old sex toy for Sean and offered a used car for it.

http://www.msnbc.msn.com/id/26381207/

**DarkPrincess** · December 2nd, 2008, 08:13 PM

I'm never eating at that place again. They're overpriced anyway.

**blue_zombie** · December 2nd, 2008, 08:24 PM

I agree, they are overpriced, but their cheesecake is oh so good!!! As far as not eating there, hell, I want to work there!!!! Even simulated sex is better than NO SEX!!!!

ROFL

I feel sorry for the guy though. No one should have to endure that type of treatment at their place of employment.

**Dakota Valkyrie** · December 2nd, 2008, 08:29 PM

"dogpile, initiation, joke, kitchen games, hazing, manhandling, horseplay and normal joking activity among Hispanic cooks."

First off, are they saying non-Hispanic cooks don't do this sort of thing?

Secondly, how could this happen to one person more than 20 times? Don't they have "higher ups"? The one manager threatened to fire people - why didn't he or why didn't it get reported to him? 20 times leads me to think there is more to this - all wrong either way.

I can make better cheesecake than them, too.

**Tazzzz** · December 2nd, 2008, 08:57 PM

Originally Posted by Dakota_Valkyrie

First off, are they saying non-Hispanic cooks don't do this sort of thing?

Secondly, how could this happen to one person more than 20 times? Don't they have "higher ups"? The one manager threatened to fire people - why didn't he or why didn't it get reported to him? 20 times leads me to think there is more to this - all wrong either way.

I can make better cheesecake than them, too.

I love makeing cheesecakes, I have a christmas one with crushed candy canes and chocolate ganashe on the top. Cocolate & peppermint MMmmm. ** drooling **
Dont even ask me about my 4 layer chocolate cake with one layer being cheese cake, covered in Chocolate Ganashe and all kind of other fattening stuff. Damn now I am getting hungry.

**Dakota Valkyrie** · December 2nd, 2008, 09:04 PM

Originally Posted by Tazzzz

Dont even ask me about my 4 layer chocolate cake with one layer being cheese cake, covered in Chocolate Ganashe

Can I PLEASE ask!?? Damn, now I'm hungry!!

**Pete Bondurant** · December 2nd, 2008, 09:07 PM

Can we not deport these sodomites before they infect the entire nation's cheese-cake supply?

**Tazzzz** · December 2nd, 2008, 09:37 PM

Originally Posted by Pete Bondurant

Can we not deport these sodomites before they infect the entire nation's cheese-cake supply?

All thoughs guys butts and pubes all over the walk-in , I got to start looking out for pube hairs in my Cheesecake now!!!

**DarkPrincess** · December 2nd, 2008, 09:48 PM

Originally Posted by blue_zombie

I agree, they are overpriced, but their cheesecake is oh so good!!! As far as not eating there, hell, I want to work there!!!! Even simulated sex is better than NO SEX!!!!

ROFL

I feel sorry for the guy though. No one should have to endure that type of treatment at their place of employment.

As sad as this sounds, cheesecake is the one thing I have never had at the cheesecake factory.

**DarkPrincess** · December 2nd, 2008, 09:50 PM

Originally Posted by Tazzzz

I love makeing cheesecakes, I have a christmas one with crushed candy canes and chocolate ganashe on the top. Cocolate & peppermint MMmmm. ** drooling **
Dont even ask me about my 4 layer chocolate cake with one layer being cheese cake, covered in Chocolate Ganashe and all kind of other fattening stuff. Damn now I am getting hungry.

God that sounds good... I need to become rich so I can hire you as my personal chef.

**Death Bed** · December 2nd, 2008, 09:58 PM

"They would take turns dry raping me. I was on my back being held down," he said. "Once they were all finished taking turns on me, they threw a bunch of lettuce on me, and a bunch of herbs."

I dunno why, but that is funny to me!

**carol13** · December 3rd, 2008, 02:22 AM

Hey, before I moved to Oklahoma I had sunday brunch at that exact cheescake factory once a month. Can't go wrong with booze and omelets before noon. It's a really nice building, great staff from what I could tell, but I never visited the kitchen. The girls I knew who worked there (I was a bartender at another place) all talked about the managers being really uptight and strict. Wonder how they let this go on, when crumbs in the booth cushions could cost you your job.

**MickeyFine** · December 3rd, 2008, 11:05 AM

Sounds like in that Movie "waiting" the had a kitchen game where they would all show off there balls to eachother. they had one called the Brain lol

**DirtyLopez** · December 3rd, 2008, 12:23 PM

Originally Posted by blue_zombie

Even simulated sex is better than NO SEX!!!!

Right? LUCKY.

Originally Posted by Death Bed

"They would take turns dry raping me. I was on my back being held down," he said. "Once they were all finished taking turns on me, they threw a bunch of lettuce on me, and a bunch of herbs."

I dunno why, but that is funny to me!

That was comical gold.... if only we could find footage of him saying this. ...if only we could find footage OF this.

**RaVen Blackehart** · November 14th, 2009, 01:31 AM

The restaurant chain Cheesecake Factory will pay $345,000 to six male employees who said they 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.

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

Four men filed charges with the EEOC: Bryce Fitzpatrick, Albert Miller, Jesse DeJong and Michael Wilson. Two others, John Andrews and Julio Muñoz, joined 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 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 accuser called Chandler police, who investigated but never filed charges.

The decree calls for the Cheesecake Factory to train its employees 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.

http://www.azcentral.com/business/ar...ecake1113.html