The former Terry's Turf Club employee who posted a viral video alleging misogynist behavior by the restaurant's owner is taking steps to sue the restaurant.

An attorney representing the female employee said they have filed a complaint with the U.S. Equal Employment Opportunity Commission, the first step in preparing for litigation.

Terry Carter, the owner of Terry's Turf Club, faced backlash after a female employee said he told her to "keep her legs open" after she was fired, according to a viral Facebook post.

The employee, Evelyn Marie Reid, said she was fired for no reason.

"Halfway through my shift, Terry came up to me and fired me, without warning and said to me “you’ll be fine, just keep your legs open.” I walked to gather my belonging up a flight of stairs, Terry followed me. He said, “I’ll miss that a**” as he was behind me on the stairs."

Since the post went viral on Oct. 7, it has been shared 7,173 times, has 3,800 reactions and 1,970 comments.

More:Terry's Turf Club faces ratings backlash after viral post alleging misogyny

Attorney Randy Freking, an employment law expert in Cincinnati, is representing Reid. He said the EEOC charge is a jurisdictional prerequisite for any legal action.

"It's a steppingstone to court if we want to continue," Freking said.

Freking said they would like to negotiate before going through the court system but are preparing for court regardless.

His client wants Terry's Turf Club to adopt a sexual harassment policy and a way of reporting incidents of harassment. Depending on Reid's job search, Freking said they would also like to discuss compensation, but that it is unlikely anything would come of that.

Once a complaint is filed, the EEOC will investigate the claim. There are then three things that can happen:

The EEOC can sue Terry's Turf Club on Reid's behalf

It will issue a notice of a right for Reid to sue

It will say that Reid cannot sue

It's likely that the EEOC will issue a right to sue notice, he said.

"It's one of the clearer cut examples of sexual harassment," Freking said.

The video shows that Carter has "some bias against females" and the comment about her a** is "pretty clear," Freking said.

As far as sexual harassment and gender discrimination claims, Freking said there has been an uptick since the #metoo movement has come to light. The big uptick is coming from pay disparity suits, Freking said.

Carter's attorney Scott Croswell said he would not comment on the situation at this time. Croswell said he has not yet seen the complaint.

"There's always two sides to a story and at the appropriate time we will tell our side," Croswell said.

According to documentation provided by Freking Myers & Reul LLC law firm, the complaint was filed at the Cincinnati Area EEOC office on Oct. 24.

The complaint said Reid faced a "sexually hostile work environment" promoted by Carter. She said she did not complain because there was no employee handbook or sexual harassment policy and she feared retaliation.

"Mr. Carter demeaned me by suggesting I was not smiling enough. When I pointed out that male employees are not required to 'smile enough,' Mr. Carter informed me that I was fired," the documentation said.

The Enquirer has reached out to the EEOC to check the status of the complaint.