On December 14, 2021, the Minnesota Department of Human Rights (“MDHR”) joined a lawsuit filed against Hyder Investments, Inc. a McDonald’s franchisee operating stores in 11 locations throughout the Twin Cities metro. Hyder Investments regularly employed 14- and 15-year-old children in its restaurants. The Plaintiff, a 14-year-old girl working at the company’s Maple Grove location, alleges that her supervisor, a 24-year-old man named Andrew Alberterio, subjected to her to severe sexual harassment and a hostile work environment.
According to the complaint, Plaintiff initially rebuffed Alberterio’s advances, but after he began ignoring her, she feared she would lose her job. Plaintiff eventually gave into Alberterio’s advances, and Alberterio sexually assaulted her multiple times. Plaintiff alleges that, not only did the other managers fail to step in to protect her, but the managers also knew or suspected what was going on between Plaintiff and Alberterio.
While the outcome of this case is far from certain, there are several reminders for any company, including those employing minor children.
- Adopt harassment policies that include a clear channel for employees to file complaint of harassment. The harassment policy adopted by Hyder Investments allegedly provided a hotline for employees to report harassment, but the telephone number provided in the policy was XXX-XXX-XXXX, a telephone number made up of entirely Xs. It is best practice to provide multiple channels for employees to file a report, including to someone other than their direct supervisor.
- Provide meaningful, annual training on harassment policies with a special training for managers. The training should be required for all employees and should, at a minimum, clearly explain all actions constituting harassment, including sexual harassment, include examples of behavior that constitutes sexual harassment, and describe, in detail, the employer’s complaint process. Manager training should explain the additional reporting responsibilities imposed on managers. Employers should note that several states require employee sexual harassment training, and a few require that the training be interactive.
- Investigate all allegations, as well as suspected allegation, of sexual harassment. Failure to take seriously and investigate all complaints can give rise to the types of lawsuits Hyder Investments is facing. Had Hyder Investments investigated Alberterio and taken appropriate disciplinary action, it is likely the company would not be facing this lawsuit.
- Companies employing minors should take additional precautions to ensure they are properly supervised. This not only protects minors from harassment, but also ensures other laws relating to scheduling and prohibited job duties, are followed. Companies should also regularly check in with their minor employees. Ideally, companies should complete these check-ins quarterly, and they should be done by someone other than their direct supervisor. It should be someone the employee feels comfortable speaking with and with whom they will share any concerns—like HR.
Bottom Line
All companies, especially those employing minors, owe a duty to their employees to provide a workplace that is safe and free from sexual harassment. Establishing appropriate anti-harassment policies, training employees and managers, investigating all complaints, and ensuring minors are appropriately supervised will go a long way in keeping the workplace free from sexual harassment, and likely, lawsuits.