The Shake Shack fast food chain has settled a lawsuit brought by a Transgender employee who charged it with gender discrimination.
The employee, who is not named in court documents, agreed to accept $20,000 and a promise for the company to update its policies in regards to retaliation, harassment, discrimination. and bullying.
The male employee was hired by the burger chain in 2020 and assigned to work at a Shake Shack in Oakland, California. There, he was subjected to constant harassment.
"The complainant, who was trained in San Francisco..., alleged that he was repeatedly misgendered by co-workers and that when he complained, management failed to take reasonable steps to correct the behavior," his complaint reads.
According to court documents, the employee brought the issue to management, who told him repeatedly that "he would have to explain his gender to co-workers" rather than stepping in and correcting the discriminatory behavior. Company supervisors said it was his responsibility to convince his co-workers to stop harassing him.
Management's failure to address the complainant's concerns reportedly frustrated the worker to the point that he quit after only a month.
"California law prohibits intentional misgendering in the workplace," Kevin Kish, California Civil Rights Department's director, said in a press release. Washington state has similar anti-discrimination laws on the books.
"Intentional misgendering and other forms of discrimination based on gender identity and gender expression can be stressful and traumatic. CRD appreciates Shake Shack's acknowledgement of its responsibility to provide a discrimination-free environment to its workforce," he said.
When reached for comment, a Shake Shack spokesperson told TODAY.com that "creating a welcoming and fulfilling environment for all our employees and guests is critical. We are constantly taking steps to ensure our policies and culture reflect our commitment to diversity and inclusion in the workplace."
According to a June 2022 report by One Fair Wage and the UC Berkeley Food Labor Research Center, LGBTQ restaurant workers face higher levels of sexual harassment, homophobia, and transphobia than their non-LGBTQ peers, with 25% of LGBTQ people reporting discrimination based on sexual orientation or gender identity. Half of them also said it negatively impacted their work environment.