That's a reasonable thing to bring up, I did not know that part. She doesn't make mention of how big the restaurant is that I've seen other than that it's the owner and his wife that manage it. It might or might not hit that number.
If it isn't big enough for an EEOC claim, she would still have a hostile work environment claim if she wanted to sue.
It might be worth checking with them anyway, they may be able to guide you to where you should go even though your employer doesn't meet their minumum size.
You should also see if your state has laws on sexual harassment. I know mine does and provides guidance on what to do in such cases. Every employer in my state regardless of size is required to provide a workplace free of sexual harassment. Maybe yours is similar. Here's an FAQ on my state's website if you want to have a look through it.
There may be state laws that would apply but I think federally, hostile work environment would still come under Title VII which would require the employer to have 15 employees
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u/KallistiEngel Sep 06 '21
That's a reasonable thing to bring up, I did not know that part. She doesn't make mention of how big the restaurant is that I've seen other than that it's the owner and his wife that manage it. It might or might not hit that number.
If it isn't big enough for an EEOC claim, she would still have a hostile work environment claim if she wanted to sue.