Employees are frequently told that if something inappropriate happens at work, they should report it.
Tell a manager. Contact Human Resources. Use the company hotline. Put the complaint in writing.
But what happens when the employee reports harassment and the workplace does not become safer? What happens when the employee continues to be scheduled with the alleged harasser, asks to be transferred, and eventually finds herself being disciplined or terminated instead?
Those questions are at the center of our client’s lawsuit against Chipotle.
According to the filed complaint, our client worked at a Los Angeles-area Chipotle restaurant in 2024. She alleges that soon after she began working there, her direct supervisor started subjecting her to repeated unwanted sexual comments, questions, advances, and physical contact.
The complaint alleges that our client repeatedly told him to stop.
When he allegedly did not, she turned to management for help.
Reporting Harassment Should Be the Beginning of the Response
According to the complaint, our client reported the supervisor’s conduct to the restaurant’s General Manager multiple times.
The General Manager allegedly told her that the concerns would be reported to Human Resources.
Our client says she waited for something to happen.
According to the lawsuit, she never received meaningful follow-up from Human Resources or management.
She complained again.
This time, our client allegedly asked for a practical solution: she wanted to stop being scheduled with the supervisor or to be transferred to another location.
That is an important part of the allegations because workplace complaints are not always about punishing someone. Often, the employee’s most immediate concern is simply being able to come to work without encountering the person whose conduct she reported.
According to the complaint, however, our client continued to be scheduled on shifts with the supervisor.
When the Employee Has to Solve the Problem Herself
The lawsuit alleges that because the scheduling continued, our client began finding coworkers to cover shifts so she could avoid interacting with the supervisor.
Think about what that means from an employee’s perspective.
She had allegedly reported the harassment. She had asked for help. She had asked not to work alongside the supervisor. Yet rather than management ensuring that the two employees were separated, she allegedly had to arrange shift coverage herself.
According to the complaint, our client tried again to contact management about the situation. At one point, she requested Human Resources’ phone number from a covering manager but allegedly was not given the number.
When the General Manager returned from leave, our client again explained that she did not feel safe working with the supervisor.
The complaint alleges that the General Manager suggested a transfer to another location, but the transfer would not occur immediately.
For an employee who believes she is being sexually harassed, another week can feel like a very long time.
Fear of Returning to Work
According to the complaint, our client became afraid of another encounter with the supervisor and did not return to work while waiting for the transfer.
This is where the sequence of events becomes especially important.
The lawsuit alleges that management knew why our client was not reporting for those shifts. She had allegedly complained multiple times about the supervisor, asked not to work with him, requested a transfer, and explained that she did not feel safe.
Nevertheless, according to the complaint, the absences were classified as “no call no show.”
That characterization transformed the situation.
Instead of the employment record reflecting an employee who had repeatedly complained about harassment and was waiting to be separated from the alleged harasser, the record allegedly reflected an employee failing to report for scheduled shifts.
The distinction between those two versions of events is one of the key themes in the case.
Complaining About Harassment Is Protected Activity
Our client’s complaint alleges that she engaged in protected activity by reporting sexual harassment to management.
The lawsuit further alleges that rather than addressing the problem, the company failed to investigate and ultimately terminated her.
The complaint includes claims for harassment based on sex, discrimination based on sex, failure to investigate, prevent, or remediate harassment and discrimination, retaliation under California’s Fair Employment and Housing Act, whistleblower retaliation, and wrongful termination in violation of public policy.
The lawsuit specifically alleges that management knew about the harassment because our client complained to the General Manager multiple times.
According to the complaint, the company nevertheless failed to take appropriate steps to stop the conduct or prevent it from recurring.
Again, these are allegations, and the defendants are entitled to present their own version of events. But the case demonstrates why employees should pay attention not only to the harassment itself, but also to what happens after they report it.
Retaliation Can Take Different Forms
Termination is one of the clearest forms of alleged retaliation, but it is not the only one.
Employees may notice changes after making a workplace complaint.
A schedule may suddenly change. Hours may be reduced. Responsibilities may disappear. Performance criticism may begin. A previously approved request may be denied. A transfer may be blocked. An employee may receive write-ups for conduct that previously went unremarked upon.
None of these actions automatically proves retaliation.
But timing and context can matter.
An employee who believes she is experiencing retaliation should consider documenting what changed, when it changed, who made the decision, and what explanation was provided.
Why Written Complaints Can Matter
Employees often report harassment verbally because speaking to a manager feels faster and more natural.
But when possible, written documentation can help preserve what was actually reported.
An email to management can show the date of the complaint and describe the employee’s concerns. A follow-up email can confirm what was discussed in a meeting. A written request for a transfer or schedule change can demonstrate what the employee asked the employer to do.
Employees should also consider preserving responses from management or Human Resources.
In our client’s case, the allegations involve multiple complaints, requests for scheduling changes, an anticipated transfer, attendance issues, and an eventual termination. A clear timeline can be particularly important when events unfold quickly.
The Employee Who Complains Should Not Become the Problem
One of the most difficult experiences for an employee is reporting misconduct and then feeling as though she has become the problem.
Instead of focusing on the alleged harassment, discussions may shift to the employee’s attendance, attitude, schedule, or willingness to continue working under the same conditions.
Our client’s complaint alleges this type of progression.
She says she repeatedly told her supervisor to stop. She reported the behavior to management. She requested not to work with the alleged harasser. She asked for a transfer. She ultimately did not return to shifts because she was afraid of another encounter.
Then, according to the lawsuit, those absences were treated as “no call, no show,” and she was forced to quit.
The allegations raise a basic question that applies in many workplace retaliation cases: what did the employer do after the employee asked for help?
What California Employees Can Take Away From This Case
If you report harassment, keep track of what happens afterward.
Document when you made the complaint, who received it, and what you were told. If you request a transfer, schedule change, or separation from the alleged harasser, preserve that request. If management promises to follow up, note whether that actually happens.
And if your treatment suddenly changes after your complaint, document those changes as well.
Reporting harassment should not require an employee to sacrifice her career.
Our client’s lawsuit alleges that she repeatedly sought help before ultimately losing her job. Her case highlights why employers’ responses to harassment complaints matter and why employees should preserve evidence not only of the original conduct, but also of everything that happens afterward.
If you have experienced sexual harassment at work or believe your employer retaliated against you after you complained, Makarem & Associates can help you understand your rights and evaluate the circumstances of your case.
This article is based on allegations made in a publicly filed legal complaint. The allegations described have not been proven in court, and the defendants are entitled to respond and defend themselves. Our client’s name has been withheld out of respect for her privacy. This article is for informational purposes only and does not constitute legal advice.
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