EEOC: McDonald's allowed sexual harassment

McDonald's Corp. was sued by the U.S. Equal Employment Opportunity Commission and accused of failing to prevent sexual harassment of male employees by a female supervisor at a restaurant in Perth Amboy, New Jersey.

McDonald's, the world's largest restaurant company, "has engaged in unlawful employment practices" by -- creating and maintaining a hostile work environment based on sex," according to the EEOC complaint in federal court in Newark, New Jersey.

A teenaged crew worker, identified as the "Charging Party," was subjected to unwelcome comments about his appearance by an assistant manager, according to the EEOC. McDonald's allowed the supervisor to "physically grab, touch, spank, hug, and pinch Charging Party and other male employees without their consent because of their sex," the EEOC alleged in the suit, filed on Sept. 30.

"McDonald's failed to take sufficient action to remedy or prevent sexual harassment of its employees," according to the complaint. The unlawful employment practices were intentional and "done with malice or with reckless indifference to the federally protected rights of Charging Party."

McDonald's takes "these matters seriously," spokeswoman Danya Proud said in a statement. "We require all employees to comply with local, state and federal employment laws. We remain committed to protecting our employees and providing them with a safe and respectful workplace."

She declined further comment, citing pending litigation.

Equal Employment Opportunities

The violations have taken place since at least August 2007, when the "Charging Party" was 16 and 17, according to the EEOC. The conduct deprived him "of equal employment opportunities and otherwise adversely affect his status as an employee because of his sex," according to the EEOC.

The agency seeks a permanent injunction barring Oak Brook, Illinois-based McDonald's from discriminating on the basis of sex. It asks a judge to order McDonald's "to institute and carry out policies, practices, and programs which provide equal employment practices for males and which eradicate the effects of its past and present unlawful employment practices."

The complaint also asks a judge to order McDonald's to "make whole" the employee by paying past and future pecuniary losses; damages for pain, suffering and humiliation; and punitive damages for "malicious and reckless" conduct.

The case is Equal Employment Opportunity Commission v. McDonald's USA, 2:09-cv-5028, U.S. District Court, District of New Jersey (Newark).