McDonald’s Efforts to Address Workplace Sexual Harassment are Falling Short, Investigation Finds

A few years ago, McDonald’s made headlines for announcing sweeping changes aimed at addressing sexual harassment across its global network of restaurants. After facing a nationwide strike over the issue, the company promised new standards, mandatory training and clear reporting processes. But for many employees, those promises have fallen short, an investigation by The Nation and Type Investigations has revealed. Several lawsuits and complaints from California workers have revealed ongoing issues of harassment, confusion about how to report it and retaliation against workers who try to speak up.

One such case involved a longtime employee at a McDonald’s in Saratoga. After a coworker told her about being sexually harassed by a shift manager, she reported the incident to management. Although she had never received training on how to deal with workplace harassment, she believed speaking up was the right thing to do.

Not long after, she was suddenly fired for what McDonald’s claimed was insubordination. She later filed a complaint with the Equal Employment Opportunity Commission, stating that she was fired in retaliation for reporting sexual harassment. Despite calling the McDonald’s corporate human resources hotline, she never heard back. Meanwhile, the manager accused of harassment continued working there without any consequences.

A second case, filed with California’s Civil Rights Department, tells a similar story. A newer worker at a McDonald’s in San Jose alleged repeated sexual remarks and gestures from a coworker, followed by bullying when she didn’t reciprocate. She reported the behavior to her manager and human resources.

Rather than seeing the sexual harassment addressed, the employee said her work hours were cut, and the harassment just got worse. The situation only improved when the harasser eventually left the job.

The Fair Employment and Housing Act makes it unlawful for employers to allow sexual harassment in the workplace and prohibits retaliation against California workers who report misconduct. The law requires employers to take reasonable steps to prevent and correct wrongful behavior. That includes providing proper training to managers and staff, establishing a clear reporting structure and making sure that complaints are taken seriously and investigated thoroughly.

In both cases, the McDonald’s workers said they were unclear about how to report harassment or what protections they had. This confusion is part of a larger problem.

According to documents obtained by investigative journalists, McDonald’s outlined new internal brand standards. Implemented in 2022, they required restaurants to have anti-harassment policies, training within 14 days of hire, processes for reporting misconduct and annual employee surveys. However, the way these standards are enforced remains vague. For instance, policies could be delivered by email or during orientation, with no guarantee that workers would understand them.

Workplace anti-harassment policies should be in plain language that all workers can grasp. Additionally, they must be reinforced regularly, such as by posting in the break room. Even when employers provide training, however, it’s not enough without accountability. If a complaint goes nowhere or if the person reporting the behavior is punished, the message to workers is clear: don’t speak up. 

Employers should give workers a channel for reporting incidents that makes them feel safe. Remember, California law also protects workers from retaliation, which can take many forms, such as getting fewer shifts or being fired. If an employee is treated unlawfully after making a complaint about harassment, that may be grounds for a legal claim.

If you’re struggling with workplace sexual harassment or retaliation, you don’t have to handle the situation alone. The San Francisco employment lawyers at McCormack Law Firm are dedicated to helping workers resolve employment disputes involving harassment, retaliation and wrongful termination. If you’re facing mistreatment at work, contact us today for a free initial consultation.

Disclaimer: This article is for information purposes only. McCormack Law Firm is not involved in these cases.