Workers to Protest at McDonald's Stores Across US Over Sexual Harassment Claims

By Jana Kasperkevic, Guardian UK

05 October 16

 

The action will take place in more than 30 cities after a month in which 15 sexual complaints have been filed against the fast-food company and its franchisees

orkers in more than 30 US cities are planning to join a lunchtime protest at their local McDonald’s stores on Thursday to draw attention to 15 different sexual complaints that have been filed against the company and its franchisees over the past month.

The allegations, filed with the Equal Employment Opportunity Commission (EEOC), claimed that in addition to experiencing sexual harassment on the job those who complained were often retaliated against. Complaints were filed in eight states: California, Michigan, Wisconsin, North Carolina, Illinois, Missouri, Florida, New York. Fourteen of the complaints filed detail harassment occurring in franchise stores. While just one complaint is about harassment that took place in a corporate McDonald’s store, all complaints name the company as joint employer. It is up to EEOC to determine whether McDonald’s is jointly responsible for the harassment that occurs at its franchise stores.

One of the 15 complaints was filed by Kristi Maisenbach, who used to work at McDonald’s in Folsom, California. In her complaint, she alleged that her supervisor “grabbed [her] breasts on several occasions and would intentionally rub his genitals against [her] butt” and sent her a text message offering $1,000 for oral sex. After Maisenbach complained to her general manager, she said her hours were reduced and she eventually quit to look for another job.

CC Monet, a former McDonald’s worker from Flint, Michigan, also filed a complaint alleging that her supervisor rubbed his genitals against her, complimented her body and said he wanted to “do things” to her. Monet said that she reported the behavior to her store manager as well as McDonald’s corporate office.

“McDonald’s monitors everything we do – from how fast the drive-thru is moving, to how we fold our customers’ bags. Yet when I filed a complaint against my shift manager for regularly sexually harassing me – which included him showing me a photo of his genitals – McDonald’s had no response,” said Monet.

Monet said that she quit because of the incessant harassment.

“I really needed that job and the money, and I considered remaining silent. But I believed McDonald’s had my back and would be horrified by the way I was treated. I was wrong,” she said.

Protesters are calling for McDonald’s to enforce its zero-tolerance sexual harassment policy.

“McDonald’s has zero tolerance for any form of sexual harassment of any employee,” according to the McDonald’s operations and training manual. “Sexual harassment is prohibited because it may be intimidating, an abuse of power and is inconsistent with McDonald’s policies and management philosophy.”

In a statement provided to the Guardian, McDonald’s spokeswoman Terri Hickey said: “At McDonald’s, we and our independent owner-operators share a deep commitment to the respectful treatment of everyone. There is no place for harassment and discrimination of any kind in McDonald’s restaurants or in any workplace. We take any concerns seriously and are reviewing the allegations.”

The workers plan to carry signs that read “McDonald’s, Hands Off My Buns” and “McDonald’s, Put Some Respect in My Check”. The protests are being organized by the Fight for $15 movement, which has been pushing for a $15 minimum wage and the right to unionize for all workers. According to the movement, the complaints filed were made by Fight for $15 activists.

“I think it’s worth noting here that if these workers had a union that the process and the outcome would be a lot different,” said Kendall Fells, organizing director at Fight for $15.” If someone sent you a message offering you a $1,000 for oral sex, you would actually have a way on the job to handle that.”

This is not the first time that McDonald’s has been named in sexual harassment complaints filed with the EEOC.

In 2008, a Colorado-based owner of 25 McDonald’s franchise stores settled an EEOC lawsuit for $505,000. That lawsuit alleged that employees, who were 15 to 17 years old, were subject to sexual harassment that included supervisors biting their breasts, grabbing their rears, making sexual comments and offering favors in exchange for sex.

In 2010 McDonald’s itself settled an EEOC sexual harassment suit that alleged that a teenager was hugged, spanked and touched by his supervisor in a way that made him uncomfortable. That case, filed in New Jersey, was settled for $50,000.

In 2012, another Milwaukee-based owner of 25 McDonald’s franchise stores called Missoula Mac agreed to pay $1m to settle a similar complaint. In this case, female employees alleged that their male co-workers made sexual comments, touched them inappropriately and forced their hands on to the men’s private parts. From the time that the EEOC filed a lawsuit in 2011 to when it was settled in 2012, Missoula Mac went from operating 42 stores to operating 25. Some of the female employees in this lawsuit were also teenagers.

Last year, the EEOC received 6,822 sexual harassment complaints – almost 83% of which were filed by female employees. A 2011 analysis of EEOC data found that almost 37% of EEOC sexual harassment complaints were filed by women in the restaurant industry.