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Thursday, July 4, 2024

Former employee says McDonald's discriminated against her for race, sex and pregnancy

State Court
Mcd

CHARLESTON – A Kanawha County woman says she was discriminated against by McDonald’s because of her race, sex and pregnancy.

Gloria Chaney filed her complaint October 6 in Kanawha Circuit Court against Coalfield Mac LLC doing business as McDonald’s.

According to the complaint, Chaney is a 31-year-old Black woman expecting her first child. She says she was approached by Tia Mitchell, a member of management, to apply for a job at McDonald’s in Kanawha City in 2019. She was hired and began working October 30, 2019, as a full-time biscuit maker.

She says she was a hard worker, never was late for work, dressed appropriately and earned Employee of the Month awards several times.

In October 2020, she says a white woman was hired as a biscuit maker. Chaney says this woman didn’t wear approved uniforms and often worked in street clothes. Once, Chaney says the woman removed her bra in the front of the restaurant and left it on the counter in full view of customers.

She says the woman was not reprimanded for her behavior nor for failing to clean her dishes or completing other assignments.

In March 2022 when Chaney learned she was pregnant, she was concerned about being able to continue doing her work as well as the work of the other biscuit maker. She asked General Manager Chris Hensley for advice. A few days later, Chaney says she spoke to the other biscuit maker when she again failed to clean her dishes.

Chaney says the woman raised her voice at her, but that no threats were made. She says the woman then left again without completing her tasks. But, Chaney says she was written up and suspended 10 days while the other biscuit maker was not reprimanded.

When her suspension was over, Chaney asked if she could return to work. She was told she could, but she says she never was put on the schedule. She followed up with Hensley and another manager, but she says she received no response.

Then, she says she received a termination letter saying she had violated policy when she “got in another crew person’s face in an aggressive manner and threatened violence.” The other biscuit maker was not reprimanded, written up or fired.

Chaney accuses the defendant of violating the West Virginia Human Rights Act and the Pregnant Workers’ Fairness Act as well as intentionally inflicting emotional distress. She says she has suffered indignity, emotional distress, embarrassment and humiliation as well as lost wages and benefits.

She seeks compensatory and punitive damages, injunctive relief, court costs, attorney’s fees and other relief.

Chaney is being represented by Laura Davidson of Mountain State Justice in Morgantown. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 22-C-838

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