West Virginia Record

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Fairplain McDonald's sued, allegedly employed sexual harasser

By Lawrence Smith | Sep 13, 2013

RIPLEY - A Jackson County woman is accusing her former employer of enabling a serial sexual harasser.

The McDonald’s franchise in Fairplain is named as defendant in a sexual harassment suit filed by Johnna Dyke. In her complaint filed Aug. 22 in Jackson Circuit Court, Dyke, 37 and a Ripley resident, alleges the franchise owners and management not only failed to take action against a male co-worker who repeatedly harassed her, but were also aware of previous allegations made against him at another location.

According to the suit, Dyke was hired full-time at the McDonald’s in September 2012. His job duties and title are not specified.

On June 19, Dyke alleges a co-worker named “Donald” inquired “did your nipples get hard” upon her leaving the freezer area. After reporting the incident, Dyke says her supervisor, identified by the initials N.F., instructed her to let the manager, identified by the initials B.S., know about it when he came in.

According to the suit, management took no action against “Donald” or conducted any sort of investigation.

Prior to N.F.'s arrival, Dyke alleges “Donald” snuck up behind her while she was bent over and put his leg into her private area. The incident, she says, was both caught on video and witnessed by at least one other employee.

On an unspecified date, Dyke says she met with a woman named “Patricia” and a man named “Kevin” who she was informed were from McDonald’s district human resources department. In the course of the meeting, she says “Patricia” and “Kevin” dismissed the incidents.

According to the suit, during the same meeting, “Patricia” inquired if Dyke wore a bra, and said that if she and “Donald” did not resolve their differences, she would be fired. In exchange for her reluctant agreement, Dyke says a manager named “Trevor” said he would work her and “Donald” during different shifts.

However, Dyke avers she and Donald continued to work on the same shifts. While working together, Dyke says she not only had to endure “Donald” leering at her, but also making “offensive hand communications.”

On an unspecified date after the June 19 encounter with “Donald”, Dyke says she learned he “engaged in similar conduct at a neighboring McDonald’s restaurant.” Despite the warning of a employee named “Chris” who was familiar with his conduct, Dyke says “Donald” was transferred to the Fairplain location.

According to the suit, Dyke resigned from McDonald’s on July 1 after “Patricia” found out she discussed her encounters with “Donald” with an attorney and openly questioned her about it.

In her suit, Dyke seeks unspecified damages. She is represented by Charleston attorney Henry E. Wood III.

The case is assigned to Judge Thomas C. Evans III

Jackson Circuit Court, case number 13-C-97

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