Former employee sues McDonald's for discrimination

By Kyla Asbury | Apr 17, 2012

CHARLESTON -- A former employee is suing McDonald's Corporation after he claims he was wrongfully terminated from his employment because of his race.

McDonald's Restaurants of West Virginia, Inc., Jody Bias and Sarah Wiseman were also named as defendants in the suit.

From August 2011 until Jan. 25, Marcus Smith was employed by the defendants, according to a complaint filed March 27 in Kanawha Circuit Court.

Smith claims during his employment he was subjected to a hostile, racially-charged work environment and to disparate treatment based upon his race and unlawful retaliation.

The defendants had full knowledge of the racially charged environment and did nothing to correct it, according to the suit.

Smith claims not only did the defendants actively participate in the racial discrimination and disparate treatment, they instructed him that he should not tell anyone outside of the Southridge restaurant about what was occurring.

The defendants terminated Smith's employment after he informed Bias of the racist remarks and disparate treatment he was exposed to, according to the suit.

Smith is seeking compensatory and punitive damages. He is being represented by Maria W. Hughes and Mark Goldner.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-536

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