JACKSONVILLE, Fla. — Two former employees have filed a sexual harassment lawsuit against a Zaxby’s in North Jacksonville.
Andre Clements Jr. was a manager at the restaurant on Airport Road .
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Morgan & Morgan filed the lawsuit on behalf of two teenage former employees who were allegedly sexually harassed and physically assaulted by their manager, Clements Jr.
It states Clements Jr. was arrested in August after he was “caught following female employees into the female restroom and recording them.”
A couple who spoke to Action News Jax at the Zaxby’s location wanted to remain anonymous but said if they knew about the lawsuit, they wouldn’t have ordered food there.
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When asked how it made them feel knowing what they were accused of sexual harassment, the woman said, “I don’t feel good about it. It’s not right. You know, they need to get it straightened out.”
The lawsuit also claims Zaxby’s took no remedial action to protect their young female employees knowing the assistant manager Delbert Mitchel also had a history of sexual harassment.
Both Clements Jr. and Mitchel are registered sex offenders in Florida.
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Action News Jax law and safety expert Dale Carson has decades of law enforcement experience. He says the fact that the accused are sex offenders should have no bearing on this case and companies can employ people with criminal records.
“Sexual offenders are allowed to have employment, unless there is some prohibition entered by the court, which prevents them from working,” Carson said.
And he adds, since no criminal charges have been filed at this time, this is a civil suit.
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“The litigation is about whether or not individual employees in that business, were sexually harassed by these individuals,” Carson said. “The fact that they were sexual offenders is interesting, but it’s not determinative.
The lawsuit lists other instances of inappropriate contact with Clements Jr.
And, it’s claiming a total of six counts of negligence, battery and emotional distress against Zaxby’s.
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When Action News Jax went to speak with a manager, they said they did not want to comment on the matter.
S&R Foods of North Jacksonville, Inc. released the following statement about the suit:
“We at S&R Foods of North Jacksonville, Inc. care about the safety and well-being of all our employees, and we take these allegations very seriously. We are aware of the lawsuit, and the manager named in it is no longer employed at our location. At the moment, we are not able to comment further on this ongoing legal matter.”
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