McDonald's workers sue over racial discrimination

Ten former McDonald's workers on Thursday filed a civil rights lawsuit against the fast-food giant — alleging racism and sexual harassment — in a case almost certain to test just how responsible McDonald's is for the actions of its franchisees.

The suit, filed in the U.S. District Court for the Western District of Virginia, alleges that the company last May simultaneously fired more than a dozen black workers who "didn't fit the profile" desired at its restaurants.

In the lawsuit, nine African-American workers and one Hispanic worker claim they were subjected to "rampant racial and sexual harassment" by supervisors at three restaurants run by McDonald's franchisee Michael Simon, who operates Soweva Co. The workers also are claiming wrongful termination.

Inappropriate supervisor actions are highlighted in the lawsuit, including one supervisor who allegedly called black workers "ghetto" and "bitch" — and even suggested having oral sex with employees. Yet another supervisor allegedly called an Hispanic worker a "dirty Mexican" and "hot Mexican" and not only touched employees inappropriately, but also sent some workers photos of his genitals.

The workers allege that even though they contacted McDonald's corporate office to lodge their complaints, the company took no action.

McDonald's spokeswoman Lisa McComb said that the company had not yet seen the lawsuit and could not comment on its allegations. But, in a statement, the company said, "McDonald's has a long-standing history of embracing the diversity of employees, independent franchisees, customers and suppliers, and discrimination is completely inconsistent with our values. McDonald's and our independent owner-operators share a commitment to the well-being and fair treatment of all people who work in McDonald's restaurants."

The lawsuit, backed by the Service Employees International Union, which has been pushing for higher wages for McDonald's workers, alleges that a high-ranking manager told workers 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 a statement by plaintiff Willie Betts, who was a cook at a 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."

The lawsuit comes at a tough time for McDonald's, which, over the past year, has seen its same-store sales decline, its corporate image take a hit and its stock decline. On Friday, McDonald's is scheduled to report its 2014 fourth-quarter results before the market opens and analysts are widely expecting the chain to post a decline in earnings and revenue for the most recent quarter.

Late last year, the National Labor Relations Board issued complaints against McDonald's and some of its franchisees that referred to the restaurant company and the franchisees as joint employers. Franchisers such as McDonald's maintain that while they set standards, they let franchisees make decisions on key issues such as scheduling and wages.

The complaint contends McDonald's Corp. has control over "nearly every aspect of its restaurants' operations" and is therefore responsible for the harassment and discrimination workers face.

The lawsuit is backed by the local NAACP. Several workers contacted the South Boston chapter of the NAACP last year to report the alleged harassment and discrimination.