Northwest Arkansas Democrat-Gazette

McDonald’s named in sex harassment suit

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A former McDonald’s employee is suing the company and one of its Michigan franchisee­s, saying she was sexually harassed.

On Tuesday, Jenna Ries filed a class-action lawsuit against the fast-food chain. She’s one of at least 50 workers who have filed separate sexual harassment charges against McDonald’s with the U.S. Equal Employment Opportunit­y Commission or in state courts over the past three years.

The lawsuit comes on the heels of McDonald’s firing its chief executive officer last week for having a consensual relationsh­ip with an employee.

The American Civil Liberties Union and the labor group Fight for $15 are among those backing the plaintiffs. The Time’s Up Legal Defense Fund, which was founded in response to the #MeToo movement, is also providing legal support. Ries is seeking damages for herself and other affected workers.

Sharyn Tejani, the director of the Time’s Up Legal Defense Fund, said low-wage fast-food workers can lose shifts or even be fired if they report harassment to a manager. Former CEO Steve Easterbroo­k, on the other hand, is still eligible for millions of dollars in salary, incentive payments and stock options. McDonald’s said Easterbroo­k violated company policy that forbids managers from having romantic relationsh­ips with direct or indirect subordinat­es. Ries, 32, said the problems in the Mason, Mich., restaurant began soon after she started working there in the fall of 2017 and continued for more than a year. She alleges that the general manager ignored her co-worker’s repeated harassment of her and her colleagues, including groping, physical assault and verbal epithets.

Ries said she often cried on the way to work and felt physically ill, but she needed the job to pay her bills. Eventually

she was transferre­d to another location, but the coworker who is said to have harassed her remained at the original location.

“It’s definitely difficult for me to come forward, but I want to encourage other people,” Ries told The Associated Press. “I want McDonald’s to recognize that they have a problem and make sure this doesn’t happen to others.”

A phone number for the franchisee, MLMLM Corp., was disconnect­ed Tuesday

morning.

Ries said she finds it ironic that McDonald’s fired Easterbroo­k last week for violating a policy forbidding relationsh­ips between supervisor­s and their subordinat­es.

“They barely have a policy [against sexual harassment],” Ries said.

McDonald’s and its franchisee­s are required to comply with state and federal anti-discrimina­tion laws. Beyond that, McDonald’s generally claims that workers at franchised restaurant­s are not its employees and doesn’t spell out how harassment claims should be handled by franchisee­s.

Eve Cervantez, one of Ries’ attorneys, said she will argue that McDonald’s is responsibl­e for employees at franchised restaurant­s because the company exerts so much control over franchise operations, and employees consider themselves McDonald’s workers.

Last fall, McDonald’s Corp. introduced harassment training for its U.S. franchisee­s and general managers. In January, the Chicago-based company released an enhanced policy against discrimina­tion, harassment and retaliatio­n, and in June it began offering a free hot line for employees.

“There is a deeply important conversati­on around safe and respectful workplaces in communitie­s throughout the U.S. and around the world, and McDonald’s is demonstrat­ing its continued commitment to this issue through the implementa­tion of Safe and Respectful Workplace Training in 100% of our corporateo­wned restaurant­s,” McDonald’s said in a statement.

Last month, McDonald’s introduced a new training program for its 850,000 U.S. employees and said franchisee­s supported it. But franchisee­s — who own 95% of McDonald’s U.S. restaurant­s — aren’t required to offer the training.

Ries has also filed charges with the U.S. Equal Employment Opportunit­y Commission, which is a precursor to filing civil rights charges in federal court. The case could take years to resolve. Some of the 50 cases are still being investigat­ed or are in mediation, advocates say. Some have moved from the Equal Employment Opportunit­y Commission to state courts after the commission determined that there were grounds for a discrimina­tion claim.

Gillian Thomas, an attorney with the American Civil Liberties Union who is representi­ng Ries, said the company should make training mandatory and monitor compliance.

“It’s accountabi­lity. It’s reform we’re looking for,” Thomas said.

Tejani said McDonald’s should also sit down with workers who have been harassed and ask them what training should look like.

The American Civil Liberties Union and the labor group Fight for $15 are among those backing the plaintiffs. The Time’s Up Legal Defense Fund, which was founded in response to the #MeToo movement, is also providing legal support.

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