McDonald’s Franchisee Arch Fellow North to Pay $80,000 in EEOC Sexual Harassment Lawsuit

OKLAHOMA CITY – Arch Fellow North, LLC, owner and operator of eight McDonald’s restaurants in eastern Oklahoma, will pay $80,000 and provide other relief to settle a sexual harassment and constructive discharge lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a teenage worker, the federal agency announced today.

According to the EEOC’s lawsuit, an adult male supervisor sexually harassed the teenage worker for about a month in November 2021. When Arch Fellow North learned about the supervisor’s sexual harassment, it failed to properly investigate the allegations and allowed the supervisor to continue supervising the teenage victim and other young workers. As a result, the teenage victim had to quit.

“Employers have a duty to protect young workers, who are among the most vulnerable employees in the workplace, especially in the restaurant industry,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District Office, whose jurisdiction includes Oklahoma. “Employers must enact strong policies and procedures to ensure that all complaints of sexual harassment are taken seriously and adequately investigated.”

The 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 U.S. District Court for the Eastern District of Oklahoma after first attempting to reach a pre-litigation settlement via its conciliation process.

David Davis, district director of the EEOC’s St. Louis District Office, said, “The injunctive relief in this decree, including its mandatory training requirements, policy changes and reporting obligations, will help ensure that Arch Fellow North’s managers and supervisors are held accountable for maintaining a safe and respectful workplace.”

U.S. Magistrate Judge Jason A. Robertson entered and approved a consent decree settling the suit on Jan. 28. In addition to the $80,000 in monetary relief in the consent decree, Arch Fellow North will designate personnel to ensure its compliance with Title VII, enact strong policies and procedures for reporting and handling sexual harassment complaints, and provide for mandatory training for supervisors and non-supervisory employees. The consent decree also requires Arch Fellow North to post a notice to employees about their federal right to be free from sexual harassment in the workplace, provide for multiple avenues for employees to complain about sexual harassment, and report to the EEOC reports of alleged sexual harassment.

The court will maintain jurisdiction over this case for the decree’s 33-month term.

The EEOC’s St. Louis District Office has jurisdiction over Missouri, Kansas, Oklahoma, Nebraska, and a portion of southern Illinois, with area offices in Kansas City, Kansas, and Oklahoma City, Oklahoma.

To learn more about sexual harassment, visit https://www.eeoc.gov/sexual-harassment.

The EEOC’s Youth@Work website has 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 is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.