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american lawyer media news service San francisco-In her 10 years as a trial attorney for the Equal Employment Opportunity Commission (EEOC), Marcia Mitchell has seen all kinds of workplace discrimination. But Mitchell began looking at her caseload in a new light after representing a former Footaction USA sales associate who claimed to have experienced a barrage of lewd comments and advances from a co-worker. The events culminated with the harasser allegedly throttling the sales clerk, a 17-year-old high school student, and threatening to snap her neck. For Mitchell and other attorneys in the EEOC’s San Francisco office, the case served as a wake-up call: Among the millions of teenagers who staff the nation’s fast food and retail outlets, sexual harassment is a pervasive problem that’s long existed under the radar. In 1994, the first year for which the EEOC has numbers available, the agency handled 1,281 workplace harassment cases nationwide in which the charging party was 18 or younger, said Sanya Hill Maxion, a trial attorney in the EEOC’s San Francisco office. Since then the EEOC has handled more than 10,000 such cases. So far in 2003, the agency has filed 541 cases on behalf of minors, of which roughly 99% involve sexual harassment. “Clearly it’s not a new issue, but it’s an issue that’s only recently getting attention,” said Hill Maxion. In the past 16 months, the EEOC has filed sexual harassment suits involving teen employees against Denny’s, Church’s Chicken and a Missouri company that operates 37 Burger King restaurants. Different issues with teens Unlike adult workers, teens are ill prepared to recognize harassment and often don’t know where to turn to when they experience it, said Hill Maxion. David Pogrel, a staff attorney at San Francisco’s Legal Aid Society-Employment Law Center, said that teen workers are frequently taken advantage of. “Teenagers on the job are often seen as fungible. A lot of employers don’t treat them with the same respect,” he said. As EEOC attorneys set their sights on teenage employees, they’re confronting a different set of age-related issues. With 16- to 20-year-old employees, age is closely intertwined with sexual harassment. Behavior that’s inappropriate, and even unlawful, in the workplace might be common among teens in other settings. For newcomers to the work force, these boundaries aren’t always clear. Not surprisingly, awareness about rights is much lower among teen employees than among older workers. While many corporations have policies to combat sexual harassment, the sheer number of locations managed by some national retailers means it’s easy for an individual store to fall through the cracks. In the Footaction case, the athletic shoe retailer had a companywide anti-sexual harassment policy. But at the San Jose, Calif., store where the incidents took place, posters with sexual harassment hotline telephone numbers and required EEOC material were not posted, according to Mitchell, the attorney who worked on the case. The EEOC’s $111,000 consent decree with Footaction stipulated the implementation of training and a performance appraisal system for managers. Footaction, which could not be reached for comment, admitted no wrongdoing in the consent decree that settled the suit. The EEOC is also taking a proactive tack. Last year, its San Francisco office launched an initiative in which attorneys visited local high schools and gave presentations on workplace discrimination. The issue is also starting to get attention on a national level. The staff at the EEOC’s headquarters in Washington are developing a high school curriculum on workplace discrimination that teachers will be able to plug into their classroom lessons. “I think this is a huge area that needs a lot of attention,” said Joan Ehrlich, the EEOC’s acting director of communications and legislative affairs. “[W]ith more and more kids coming into the workforce, they really have to know, not only how to file a complaint, but how to handle these situations.”

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