The mother of a minor girl is suing Arcos Dorados, the company that operates McDonald's franchises in the Virgin Islands, after her daughter was reportedly sexually harassed while working at one of the stores on St. Croix.
Amilia Berry says her minor daughter began working as a McDonald's crew member in mid-July. Another crew member — an older man — reportedly propositioned her for sex. According to the lawsuit, the man was aware of the girl's age, as he suggested that she change it from 16 to 18 so he could avoid looking like a “pedophile.”
The girl reportedly rejected his advances, but her coworker was undaunted. According to the complaint, filed September 25, the man “began walking around biting his lips at her, staring at her, excessively smiling at her, touching her hand, and brushing up against her.”
“It was evident to everyone, including the supervisor,” that the man was “sexually harassing [the minor girl], who was unaware of what to do about it,” the lawsuit continued, alleging also that the male crew member had a “long history” of harassing minor girls at that particular Mc Donald's.
Complaints about this individual had been made to store management long before her daughter began working there, Ms. Berry says, but no action was ever taken. Meanwhile, the individual “was sexually harassing most of the young women who worked” at that particular McDonald's.
One day in early August, one of the other employees called Ms. Berry to inform her that this man was sexually harassing her daughter. The anguished parent immediately went to the store and confronted the store supervisor before calling the police. The man accused of serial sexual harassment reportedly told police that he could not recall what happened, while the store supervisor reportedly admitted that she was aware of the allegations of sexual harassment against her crew member. The allegations had been reported to the Arcos Dorados district manager, she said, but nothing had been done.
According to the lawsuit, the visit from police prompted seven other young women from the store to fill out incident reports claiming that they were being harassed by the same individual.
Ms. Berry says she contacted the district manager herself, and he reportedly suggested that the man with the slew of sexual harassment accusations “be retained as an employee, but not work on the same shift” as her daughter. The manager allegedly refused to provide the incident report of the sexual harassment allegation, and the employee in was reportedly never fired, but “just simply stopped coming to work.”
The lawsuit accuses Arcos Dorados of knowingly allowing its young female employees, including Ms. Berry's daughter, to be sexually harassed by coworkers. Arcos Dorados is also guilty of negligence in the hiring, retention, training and supervision of the man accused of serial and constant sexual harassment, according to the lawsuit. The company is also liable for intentional infliction of emotional distress, the lawsuit claims.
Ms. Berry is asking the court for compensatory and punitive damage, as well as costs, fees, and pre- and post-judgement interest as the court sees fit. As of press time, Arcos Dorados has not yet filed a response to the lawsuit.
