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TRENTON
– The Division on Civil Rights announced
today that an independently-owned franchise
restaurant of the McDonald’s Corp.
has paid a female ex-employee $10,000 to
resolve allegations the woman suffered sexual
harassment on the job and was later discharged
in retaliation for reporting it.
Under terms of the agreement, the MCD Northern
Café in Newark has paid former cashier
Gladys Rivera $10,000, and paid another
$5,000 to the Division on Civil Rights in
lieu of statutory penalties and to cover
administrative costs.
Rivera charged in an April 2009 Complaint
that she was subjected to consistent sexual
harassment by a male co-worker for several
months in early 2009, that both a supervisor
and restaurant manager knew of the harassment
and did nothing, and that she was terminated
in March 2009 in retaliation for complaining
about the conduct. Under terms of the settlement,
there is no admission of unlawful conduct
by MCD Northern Café.
“This
is a fair settlement that addresses what
is, unfortunately, a classic syndrome –
complaints of sexual harassment, allegedly
ignored by management,” said Division
Director Chinh Q. Le. “No employee
– female or male -- should be subjected
to the kind of workplace conduct alleged
in this case, let alone suffer reprisal
for having reported such treatment.”
Rivera
was employed by MCD Northern Café
from June 23, 2008 through March 6, 2009.
She alleged that a male co-worker subjected
her to sexual harassment during a period
of at least several months. She also charged
that management was aware of the harassment
but took no corrective action.
For
example, in her original Complaint, Rivera
alleged that her male co-worker, Edwin Andujar,
invited her to get together in private and
“see how much of a man I am.”
She charged that both a supervisor, Maribel
Arango, and Steven Samuel, MCD Northern
Café Director of Operations, heard
the comment.
In another incident, Rivera alleged, the
same co-worker slapped her on the backside
and opined that Rivera “looks good.”
Rivera also alleged that she complained
to MCD Northern manager Steven Najer about
being sexually harassed, but that he failed
to take corrective action.
Although
MCD Northern denied that Rivera was harassed,
several witnesses interviewed by the Division
supported Rivera’s version of events.
Those witnesses included a former co-worker
of Rivera who recalled being present when
an MCD Northern manager told Rivera her
alleged harasser was “just playing
around.”
The same witness reported being privy to
a conversation in which another management
employee told Rivera both she and her alleged
harasser were to blame, because they disrespected
each other.
MCD Northern also claimed that Rivera was
not discharged in retaliation for reporting
sexual harassment, but because she abandoned
her job. However, Rivera maintained she
was let go for making an issue of the alleged
sexual harassment. A May 15, 2009 Appeal
Decision from the New Jersey Department
of Labor ruled that Rivera was eligible
for unemployment benefits because she’d
been discharged for filing a sexual harassment
complaint against a fellow employee.
Division
Director Le thanked Investigator Elbia Concepcion
and Lorraine LeSter, Regional Manager of
the Division’s Newark office, for
conducting the MCD Northern Café
investigation, and Legal Specialist Benn
Meistrich for reviewing and editing the
Finding of Probable Cause, and Conciliator
Ana Limo-Magras, for assisting the parties
in resolving the matter.
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