In Britain, workers can request flexible hours. By law, an employee can request changes to how long, when, and where they work. However, some managers in McDonalds have allegedly abused the flexible hours system to pressure workers into sexual favors.
One worker was working in the Midlands until May 2023. Workers can seek more shifts if they wanted more money. A shift manager asked her for sex in return for extra shifts. She was 17 and the manager was in his 30s. Other employees report being bullied and shouted at. Another female worker, 20 years old, reported that a male manager sent her topless pictures. Another worker reported that he had homophobic slurs yelled at him.
McDonald’s managers allegedly ignored most complaints, if they weren’t the one instigating the harassment. McDonalds Company claims that if the incident had reported the company would have conducted an investigation.
McDonald’s outlets are run as franchises and local managers are responsible for employing the staff for their restaurants. Most McDonald’s staff are between 16 and 25 years old. For many McDonald’s workers, it is their first job.
Why Should Americans Care What British McDonalds Managers Do?
Although most Americans do not have a flexible work schedule, never mind one protected by law, employee harassment still exists. Sometimes, this harassment takes the form of certain slurs.
American courts have been careful to limit hostile work environment claims to cases where the use of slurs is severe and pervasive. However, if offensive slurs are frequent and severe enough they can arise to the level of a lawsuit.
The alleged McDonalds “sex for shifts” harassment is a form of quid pro quo harassment. Managers and employers who engage in this form of harassment trade certain benefits for sexual favors. The employees who are targets of this harassment may feel pressured to accede to such sexual demands or risk losing their jobs. Even if such requests are consensual though, other employees who are aware of the swapping of benefits for sex may feel they are similarly pressured to perform or lose out on employment benefits.
Regardless of the form of sexual harassment, an employer may be liable for permitting the harassment to exist. A manager who harasses an employee may cause the employer to be liable while an employer who permits harassment by fellow employees or third parties such as customers or vendors may be liable if they had knowledge of the harassment or should have known.
Do I Need an Employment Lawyer?
If your employer has violated your legal rights as a worker, then you should consider speaking with a skilled employment lawyer for further assistance. An employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered.
If you are an employer who is being used by a worker, then you should hire an employment law attorney immediately to represent you. Your attorney will be able to determine whether there are any defenses you can raise and can discuss the potential outcomes of your case.
