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Lawsuit against fast-food chain offers critical lessons for employing minors

January 2022 employment law letter
Authors: 
Janell M. Stanton, Felhaber Larson

The Minnesota Department of Human Rights (MDHR) recently joined a lawsuit filed against Hyder Investments, Inc., a McDonald’s franchisee operating stores in 11 Twin Cities-area locations. Read on to learn more about best practices for employing minors.

Facts

Hyder Investments regularly employed 14- and 15-year-old children in its restaurants. A 14-year-old girl working at the company’s Maple Grove location alleges her supervisor, a 24-year-old man named Andrew Alberterio, subjected her to severe sexual harassment and a hostile work environment.

According to the complaint, the teen initially rebuffed Alberterio’s advances. After he began ignoring her, however, she feared she would lose her job. So, she eventually gave into his advances, and he sexually assaulted her multiple times. She alleges other managers knew or suspected what was going on but failed to step in and protect her.

4 best practices

While the outcome of the 14-year-old’s case is far from certain, here are several reminders for any company employing minor children:

Policies. Adopt policies containing a clear channel for employees to file harassment complaints. Hyder provided a hotline for employees to report harassment, but the telephone number was allegedly listed as “XXX-XXX-XXXX.” The best practice is to provide multiple channels for employees to file a report, including to someone other than their direct supervisor.

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