McDonald’s workers sue fast food giant over racial and sexual discrimination

[umbertino]

by: Combined Sources

January 23 2015

 

 

 

SOUTH BOSTON, Va. - McDonald's workers who were fired last year after being told, "There are too many black people [working] in the store," filed a federal civil rights lawsuit against the company Thursday alleging a widespread pattern of racial and sexual discrimination and harassment at three stores in Virginia. 

 

The suit, filed in the U.S. District Court for the Western District of Virginia by 10 former workers at three Clarkesville and South Boston McDonald's stores, alleges the company last May simultaneously fired more than a dozen black workers who, "didn't fit the profile" desired at its restaurants. The highest-ranking managers had told workers that it was "too dark" in the restaurants and that they "need to get the ghetto out of the store." 

 

"All of a sudden, they let me go, for no other reason than I 'didn't fit the profile' they wanted at the store," said plaintiff Willie Betts, who was a cook at the South Boston McDonald's until he was fired last May. 

 

"I had no idea what they meant by the right profile until I saw everyone else that they fired as well. I worked at McDonald's for almost five years, I was on time every day at four o'clock in the morning to open the store, and I never had a disciplinary write-up. They took away the only source of income I have to support my family," he said.

 

The suit comes as McDonald's faces increased scrutiny over its role as an employer at franchised stores and carries significant implications in the ongoing debate about whether the fast-food giant can be held responsible for the well-being of employees at its restaurants.

 

Despite McDonald's repeated assertions that it is not the boss at these stores, federal officials late last year filed a dozen complaints charging the company was indeed a joint employer responsible for labor violations at stores across the country. The workers' suit filed Thursday names both McDonald's Corp. and McDonald's USA and franchise owner Michael Simon and his company, Soweva Co., as defendants.

 

The complaint contends that McDonald's Corp. has control over "nearly every aspect of its restaurants' operations," and is therefore responsible for the harassment and discrimination workers faced. Several workers contacted McDonald's Corp. to report the discrimination, but the company did nothing.

 

The complaint charges that the McDonald's Corp. representative who conducted regular inspection visits at the stores had learned of the terminations soon after they occurred on May 12, but took no action. And the company did nothing after a local paper reported on the firings.

 

"We asked McDonald's corporate to help us get our jobs back, but the company told us to take our concerns to the franchisee - the same franchisee that just fired us," said plaintiff Pamela Marable, a crewmember at the South Boston McDonald's who was fired in May.

 

"McDonald's closely monitors everything we do, from the speed of the drive-through line, to the way we smile and fold customers' bags - but when we try to tell the company that we're facing discrimination, they ignore us and say that it's not their problem," she said.

 

Highest-ranking supervisors regularly called the Clarkesville McDonald's the "ghetto store," referred to black workers as "*****," "ghetto," and "ratchet," and disciplined them for rule infractions that were forgiven when committed by white workers, the complaint alleges.

 

One supervisor routinely touched female workers on their legs and buttocks, discussed sexual activities with female workers and offered better working conditions in exchange for sexual favors, according to the complaint.

 

Several workers contacted the South Boston chapter of the NAACP last year to report the harassment and discrimination. Leaders of the chapter met with the workers and then contacted the Fight for $15 movement for help. Both organizations are providing ongoing support to the workers in connection with Thursday's suit. 

 

"The treatment of these McDonald's workers seems like it's out of another era, but sadly the racism is a reality they are confronting today," said the Rev. Kevin Chandler, president of the South Boston Chapter of the NAACP and vice president of the NAACP Virginia State Conference.

 

"The South Boston NAAACP will stand with these fired workers until McDonald's takes responsibility for the inhumane treatment these workers faced in its stores."

 

In response to the suit, the Fight for $15 movement launched a toll-free national hotline Thursday for McDonald's workers across the country to report incidences of harassment and abuse at the workplace. The number is (855) 729-2869.

 

"This is a problem that goes far beyond these stores in Virginia - it's a problem with McDonald's business model itself when workers at the company have nowhere to turn," said Kendall Fells, organizing director of Fast Food Forward.

 

"McDonald's has the power to fix this problem, but instead it chooses to skirt its responsibility and hide behind its franchise model."

 

Addressing racial and sexual harassment have been a goal for many fast food workers. "Dignity and respect is a common theme running throughout" many workers' narratives, wrote People's World reporter Tony Pecinovsky in 2013, "fast-food workers just want to be treated better. Racism, sexism, and favoritism are rampant."

 

The complaint filed Thursday brings harassment and discrimination claims under Title VII of the 1964 Civil Rights Act and Section 1981. Soon after the lawsuit was announced Twitter activists began using the hashtag #NotLovinRacism, parodying McDonald's tagline, "I'm lovin it."

 

 

 

Photo: Light Brigading/flickr/cc

 

 

 

http://www.peoplesworld.org/mcdonald-s-workers-sue-fast-food-giant-over-racial-and-sexual-discrimination/

 

[Caye98]

The most liberal state in the Union...It sounds like if Willie is that good of an employee (nearly 5 years at 4AM with no problems) he should have no problem getting a better job (unless there are other undisclosed issues).

 

$15/hour has no place in the industry (at this time). It will reduce jobs and drive up costs for everyone. If you desire to make more money improve your skill set and stop taking jobs from the youth that are looking for entry level part time jobs as they strive to improve their skill set.

 

Don't cause inflation and expect me to pay for someone's lack of motivation to improve their life. I guess nobody has told them that if their wages are doubled so will their rent, groceries and everything else. 

[Maggie123]

"McDonald's workers who were fired last year after being told, "There are too many black people [working] in the store,"

If they can prove this is what they were told...and it looks like they can...I'd say they have a dang good case!!!

 

 

BTW...They came up with a great hashtag...#NotLovinRacism to counter Micky Dee's "I'm lovin it."    

 

 

 

 

Thank You For Bringing This In Umberto...I Hope They Win!

[MyLadiesDaddy]

The most liberal state in the Union...It sounds like if Willie is that good of an employee (nearly 5 years at 4AM with no problems) he should have no problem getting a better job (unless there are other undisclosed issues).

 

$15/hour has no place in the industry (at this time). It will reduce jobs and drive up costs for everyone. If you desire to make more money improve your skill set and stop taking jobs from the youth that are looking for entry level part time jobs as they strive to improve their skill set.

 

Don't cause inflation and expect me to pay for someone's lack of motivation to improve their life. I guess nobody has told them that if their wages are doubled so will their rent, groceries and everything else. 

Stupid is as stupid does.

Some people will never get it.

[DWitte]

I hope they win also.  At least they got someone to listen to them.  I too was discriminated against (severely).  White male mid fifties and made a comment about myself in response to an attendant and 10 minutes later was removed from flight.  We have told this story word for word to over 70 people and not one has said that I did anything wrong.  But at least 20 of them said they would never fly Frontier Airlines again.  My problem is that I can't get anyone to listen, attorneys or reporters, because I'm white and to them it's no big deal.

So to these people who got fired I say go get 'em.  You can't even see the cook so what does anything matter and it shouldn't anyways.  The store hired all of them anyways.  The cook worked worked there for almost 5 years!!!   Seems to me that's the kind of employee you're looking for.  But what do I know??  I'm just a successful entrepreneur (retired) who would have been happy to have an employee like that.  Oh well.

 

DW

[Maggie123]

Agreed DWitte

 

Mind telling us a little more about your experience with Frontier Airlines???

 

You got me curious!

[DWitte]

I don't mind telling you the story but probably in a PM would be better.  I could just send you the notes that I wrote up about the incident as that would be the best way to tell it without rewriting the whole thing.  If you'd like to do that just let me know and I'll send it to whomever would like to read it.  Thanks for your interest though.

[Maggie123]

Thank You DWitte.

[Shabibilicious]

The most liberal state in the Union...It sounds like if Willie is that good of an employee (nearly 5 years at 4AM with no problems) he should have no problem getting a better job (unless there are other undisclosed issues).

 

$15/hour has no place in the industry (at this time). It will reduce jobs and drive up costs for everyone. If you desire to make more money improve your skill set and stop taking jobs from the youth that are looking for entry level part time jobs as they strive to improve their skill set.

 

Don't cause inflation and expect me to pay for someone's lack of motivation to improve their life. I guess nobody has told them that if their wages are doubled so will their rent, groceries and everything else. 

 

The story was about racial discrimination, not money.  I agree with your assessment about McDonald's being a wonderful place for young people to work, albeit part time.....but it still requires a fair amount of full time employees to run efficiently.  As always, just my opinion.    

 

GO RV, and NO BV