# They would take turns dry raping me. I was on my back being held down.....



## min0 lee (Dec 1, 2008)

Cheesecake Factory workers detail harassment claims
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.
_20 times? One too many._
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."

Hazing of a sexual nature is not uncommon. Dr. Susan Lipkins, a psychologist from Long Island, N.Y., and an expert in conflict and violence, describes "sexualized hazing," including sodomy, as a national phenomenon. But it's more commonly found among high school and college athletics or in fraternal organizations such as the military or law enforcement.

In one of the more recent hazing scandals, a Black firefighter with the Los Angeles Fire Department sued the city for discrimination and described a dinner at the firehouse in which dog food was mixed into his meal. The brouhaha led to the resignation of the fire chief in late 2006.

(A local radio station later revealed that the firefighter had participated in hazing pranks himself.)

Fitzpatrick, 23, said the practice of sexually charged hazing at the Cheesecake Factory in Chandler was widespread and that supervisors knew about the group assaults but did nothing to stop them. One manager walked in on one of the incidents but just laughed and walked out, Fitzpatrick alleges.

When he asked the manager why he did nothing, the manager reportedly replied he didn't want to become a victim himself, Fitzpatrick said.

The fear was not exaggerated, several of the four former workers say.

Wilson, 33, who worked his way up from a server at Cheesecake Factory to become the front-of-the-house manager, recalls being asked by one of the cooks to go into the walk-in cooler for some herbs.

"All of a sudden the light turned out and it startled me," Wilson said. "I turned around, and altogether there were seven or eight men."

Wilson said several men held him down, and others began pressing and rubbing their genitals against his. *They were screaming obscenities in Spanish that Wilson said he couldn't understand, and they were whispering things in his ears*.
_Is this also turning you on?_

**
*"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."*

Wilson said he was scared, intimidated, humiliated and traumatized. He felt violated. He quit his job in July 2007.

Tim McIntosh, who was the executive kitchen manager at Chandler's Cheesecake Factory, blew the whistle to top management after he caught some of the workers in the act of holding down and "dry humping" Fitzpatrick.

"I said, 'You guys need to stop this, and if I ever catch you doing this, you guys will be terminated on the spot,' " McIntosh said.

When another restaurant manager alerted McIntosh later on that another hazing incident against Fitzpatrick had occurred, McIntosh said he had had enough.

"I said, 'Those guys are gone.' "

He said he called the district manager of kitchen operations, who arrived and sent the employees home.

Yet, "On Monday, (the district manager) brought them in one by one and talked to them," McIntosh said. "Why did he have to bring them back in? Bottom line, they did it."

Fitzpatrick said he got fed up and contacted Dessaules after an incident on Oct. 1, 2006, when a group of dishwashers, cooks and food preparers allegedly pinned him in a reclining chair, stuck their fingers in his mouth while calling him sexually derogatory names and left scratch marks across his neck - all of which, he said, was witnessed by the eatery's general manager, who he said did nothing but chuckled.

Fitzpatrick, who no longer works in the food industry, said he stayed and suffered at the Cheesecake Factory because he was pursuing a job in management.

"I felt it was their responsibility to protect me as an employee," he said. "I didn't feel it was my responsibility to leave a job, find another job, not get a paycheck for a couple of weeks."

Fitzpatrick said he has been in therapy for a year and has been diagnosed with post-traumatic stress disorder.

Albert Miller, 23, worked as a server at the Cheesecake Factory in Chandler from October 2004 until February 2007. He described being grabbed, held and assaulted in the way Fitzpatrick says he was.

"They were laughing and screaming obscenities in Spanish and English," said Miller, who added that people who hear about the alleged assaults jump to erroneous conclusions.

"I've been hearing comments that people think we're homosexual, but we're not. All the victims are heterosexual."

Dessaules said the cooks are heterosexual, as well.

But "this case is not about sexual orientation. ... This case is about sexual assault," he said.


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## IronAddict (Dec 1, 2008)

Hazing at a CC factory! I think I've heard it all now!


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## lucifuge (Dec 1, 2008)

A couple guys used to pull that kind of shit around here. They'd grab someone and wrestle him down and dry hump him.
One of 'em tried it on me once, it didn't really work out for him too well.
This Fitzpatrick guy's a frikkin pansy.
It's not that big of a deal.


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## Arnold (Dec 1, 2008)

lucifuge said:


> This Fitzpatrick guy's a frikkin pansy. It's not that big of a deal.



just another asshole looking for a "payday".


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## min0 lee (Dec 1, 2008)

lucifuge said:


> One of 'em tried it on me once, it didn't really work out for him too well.
> This Fitzpatrick guy's a frikkin pansy.
> It's not that big of a deal.



Your tool was bigger?


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## maniclion (Dec 1, 2008)

If I were the judge I'd ask if he had gone through the proper channels to remedy the situation, everyone who has ever worked for a corporate entity knows that if one level of management isn't handling a problem you keep going up the chain until you've had documented proof no one in the hierarchy tried to help otherwise you are just an idiot who let some guys dry hump you and now think you're gonna get paid for it.....


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## lucifuge (Dec 1, 2008)

min0 lee said:


> Your tool was bigger?



 lol, probably...
however, it never made it to the 'comparison' stage.
I slammed him into a filing cabinet and he decided it wasn't such a good idea


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## KelJu (Dec 1, 2008)

Hahahahaha, what a fag. He got upset because he liked it. 


Seriously, that is part of life and male bonding. How you take it determines the respect you get later. If you play along and goof around, it will happen once. 

If you get upset, it will never stop. The manliest of jobs and activities always have hazing.


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## Mudge (Dec 1, 2008)

I dont know how they try to come off as "not gay" holding down other men and cock-rubbing the victim.

Too bad they didn't lose some teeth.


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## lnvanry (Dec 1, 2008)

R U guys serious?!  what if it was a girl they were dry humping?  still OK?


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## Splash Log (Dec 1, 2008)

Wow that headline is misleading, dry raping is raping someone without lube ir anything or so I thought.

What a pussy faggot, I expediated in a kitchen and they would do the same shit.  All a bunch of old indians and afgans that worked in the same kitchen for 20 years.  They never touched me, besides hitting me in the nuts or ramming a knee up my ass which i always returned 2x worse, but one time said he is gonna come around the line and fuck me up my ass, I pulled down my pants and bent over, you just need to learn how to fuck with them back and not be a fucking pussy.


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## QuestionGuy (Dec 1, 2008)

....Sure make some good cheesecake...


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## Mudge (Dec 1, 2008)

Splash Log said:


> I pulled down my pants and bent over, you just need to learn how to fuck with them back and not be a fucking pussy.



 and that is how to execute this plan?


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## Splash Log (Dec 2, 2008)

Mudge said:


> and that is how to execute this plan?



The key to fucking back with people is to use the same approach and take it so far over the top they never do it again.


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## maniclion (Dec 2, 2008)

KelJu said:


> Hahahahaha, what a fag. He got upset because he liked it.
> 
> 
> Seriously, that is part of life and male bonding. How you take it determines the respect you get later. If you play along and goof around, it will happen once.
> ...


I got hazed in the Navy a few times, first was in A School when the wanna be SEALs decided to take me in, then when I got to the ship some guys tried to make me think it was gonna be like prison and a couple guys forced me into a fan room to scare me but I got one in a choke hold and made him pass out we became good friends after that, then when I became a Petty Officer I got punched in the arm a million times in a ritual called tacking on the crow.....then when I became a golden shellback I got hazed pretty hard......


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## min0 lee (Dec 2, 2008)

Splash Log said:


> I pulled down my pants and bent over,



And!?  Don't stop there! Tell us the rest!


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## FishOrCutBait (Dec 2, 2008)

Splash Log said:


> The key to fucking back with people is to use the same approach and take it so far over the top they never do it again.



haha, so very true.


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## min0 lee (Dec 2, 2008)

Splash Log said:


> The key to fucking back with people is to use the same approach and take it so far over the top they never do it again.





FishOrCutBait said:


> haha, so very true.



What if they actually like the fact that your going along with it.....he rubs on you, you rub harder, then he rubs harder....then his penis gets harder, then your penis gets harder....

that plan may backfire.


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## Burner02 (Dec 2, 2008)

maniclion said:


> I became a Petty Officer I got punched in the arm a million times in a ritual called tacking on the crow


In the AF, at  least in the cop squadrons, we called it: "walking the gauntlet.
Once down, once back.
If you speed walked it to get out of it...you were labled a wuss...just walk it and take it...and wait for them to put on their next stripe.


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## Mudge (Dec 2, 2008)

Splash Log said:


> The key to fucking back with people is to use the same approach and take it so far over the top they never do it again.



Until you find out that they really are gay and they fondle your nutsack.

Yeah.


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