The federal government is taking legal action against the owner of 10 McDonald’s restaurant franchises in Vermont and New Hampshire, alleging the company failed to protect an employee from years of sexual harassment and later retaliation from a supervisor at a franchise in Randolph.
The U.S. Equal Employment Opportunity Commission filed a civil lawsuit Wednesday in federal court in Vermont against Coughlin Inc., doing business as McDonald’s.
Coughlin Inc. settled a similar case with the Vermont Attorney General’s Office in 2008, involving conduct at McDonald’s restaurants in Rutland, according to a report in Legal Newsline from that time. The 2008 settlement required Coughlin Inc. to adopt policies and practices to prevent sexual harassment in the workplace.
The new lawsuit, filed Wednesday, alleges Coughlin Inc. engaged in “unlawful employment practices” on the basis of sex and failed to protect a female employee and “other similarly aggrieved employees” affected by the “hostile work environment based on sex” at the Randolph location. Specifically, the suit alleges a supervisor harassed female workers and grabbed their genitals.
The supervisor would hit the genitals of male employees, including on days he termed “Whacky Wednesday,” “Whacky Weiner Wednesday,” and “Ball Tap Tuesday,” according to the filing.
The EEOC is seeking an injunction to prohibit Coughlin Inc. from engaging in discrimination based on sex and from retaliating against employees, and seeks unspecified damages for the woman and other “aggrieved parties.”
Charles Coughlin, listed on the Vermont Secretary of State’s website as the company’s president, could not be reached Wednesday for comment.
Attorney Katie Linehan of the U.S. Equal Employment Opportunity Commission declined to comment Wednesday.
The lawsuit states that a woman had filed a complaint with the EEOC, alleging federal violations by Coughlin Inc. On Nov. 3, 2020, the EEOC issued a letter of determination, finding reasonable cause to believe federal violations had been committed against her and a “class of similarly aggrieved individuals.”
The EEOC stated it was unable to work out an acceptable settlement with Coughlin Inc., so it filed suit.
The 11-page filing lays out the sexual harassment claims that spanned a five-year period at the Randolph location, captured on the restaurant’s video surveillance system that Coughlin Inc. had to install at its franchises as part of the 2008 settlement with the state of Vermont.
From late 2014 to late 2019, according to the filing, the woman and other employees were subjected to unlawful employment practices that created a hostile environment.
During that time, Peter Pratt worked as a second assistant manager at the Randolph restaurant with responsibility for hiring, training and supervising staff. He frequently worked the night shift, from 2 p.m. to midnight.
In about November 2015, the woman was hired to work at the Randolph restaurant, initially working the morning shift. By mid-2016, she was granted a flexible work schedule to accommodate a disability, and as a result she frequently worked with Pratt.
“Soon after (the woman) began working with Pratt,” the filing stated, “he began subjecting her to a hostile work environment based on sex.”
Those actions included allegations of sexual comments and acts around the woman. He ridiculed the woman and repeatedly grabbed her genitals and buttocks, according to the filing.
The woman complained to another supervisor, but Pratt did not stop the harassment, which included hitting her in the face.
“Despite her complaints about Pratt,” the filing stated, “defendant took no effective action to stop Pratt’s conduct, and his unwanted comments and physical conduct continued.”
In August 2019, the woman complained to another supervisor that days earlier Pratt had grabbed her genitals and buttocks on several occasions. Pratt, whose conduct was captured on the video cameras, was suspended six days later as part of an investigation, according to the filing.
That suspension ended with a written warning for “inappropriate conduct, including horseplay,” and he returned to his regular schedule three days later, the filing stated.
The woman then met with supervisors to discuss her earlier complaint and was told that, effective “immediately, defendant was revoking her reasonable accommodation, namely her flexible work schedule.”
Because of the harassment and retaliation against her and her fear that it would continue, the filing stated, the woman resigned in mid-September 2019.
The next month, the woman sent Coughlin Inc. a letter complaining about Pratt’s sexual harassment and stated she felt “it necessary to come forward and share [her] story for [her]self and future new employees.”
Later, in December 2019, the filing stated, Pratt hit a male employee in the genitals, which was captured on the video system and reported to a supervisor. His conduct was also reported to the Orange County Sheriff’s Department, and five days later Pratt was suspended, according to the filing.
“On Jan. 6, 2020,” according to the filing, “after Pratt informed defendant that he did ‘not think (he) can control (his) behavior’ and ‘felt (he) should be fired,’ defendant fired Pratt.”
Detective Sgt. Josh Macura of the Orange County Sheriff Department said Wednesday that his office did investigate Pratt as a result of a December 2019 complaint at McDonald’s and forwarded the results to the Orange County State’s Attorney’s Office. Two misdemeanor charges of disorderly conduct were filed against Pratt, and they’re still pending, according to Dickson Corbett, the acting state’s attorney.
James Lamonda, a court-appointed attorney for Pratt, said Monday he was unaware of the EEOC lawsuit and the allegations within it, so he could not offer comment.
Read the story on VTDigger here: Owner of several McDonald’s faces legal action alleging harassment.
