EEOC Sues McDonald’s Franchise for Sexual Harassment

ST. LOUIS – A McDonald’s restaurant in Checotah, Oklahoma, operated by franchisee Arch Fellow North LLC, violated federal law when a manager sexually harassed a 17 year-old worker, and she was forced to resign, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the suit, an adult male supervisor sexually harassed a teen girl who worked under his supervision in or around November 2021. After subjecting the teenager to sexual comments and innuendo for about a month, the male supervisor grabbed her by the waist in a dark, isolated storage shed and said he could rape her. When Arch Fellow North LLC learned about the incident and other sexual harassing conduct by the supervisor, it failed to take prompt or effective remedial action to protect the girl and other workers. Instead, the company allowed the supervisor to continue supervising the victim and other teenage girls. As a result, the teenage worker had no choice but to resign and was constructively discharged.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace. The EEOC filed suit (Equal Employment Opportunity Commission v. Arch Fellow North LLC d/b/a McDonald’s, Civil Action No. 6:23-cv-00331) in the U.S. District Court for the Eastern District of Oklahoma after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC seeks monetary relief for the victim, an order prohibiting future sex discrimination and harassment, and other relief.

“Unfortunately, workplace sexual harassment remains a persistent problem, and teen workers are particularly vulnerable,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District Office. “Young victims may lack the self-confidence to challenge unwelcome conduct, and they can be susceptible to being taken advantage of by older workers. Employers have a responsibility to protect these young employees from unlawful harassment.”

David Davis, director of the EEOC’s St. Louis District office, said, “As frequent employers of young people, fast food businesses must be vigilant to ensure teen workers are not sexually harassed by older managers.”

The EEOC’s St. Louis District Office is responsible for receiving and investigating charges of employment discrimination and conducting agency litigation in Missouri, Kansas, Oklahoma, Nebraska, and a portion of southern Illinois, with area offices in Kansas City, Kansas, and Oklahoma City, Oklahoma.

More information about sexual harassment is available at https://www.eeoc.gov/sexual-harassment.

The EEOC’s Youth@Work website presents information for teens and other young workers about employment discrimination, including curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.