Legal Question in Sexual Harassment in Texas

McDona;d's Employee's Comment

When I visited Mc Donalds an employee made an inappropriate comment regarding my chest. When I contacted the customer service hotline they basically said since it was a franchise they are not responsible. The owner first told me she looked at the tape and didn't see my car then she says she looked but the guy didn't look like he said anything inappropriate. What can I do and who is responsible?

Asked on 1/07/08, 5:46 pm

1 Answer from Attorneys

Dan Street Street Law Firm
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Re: McDona;d's Employee's Comment

I receive calls almost every week with complaints similar to this so I decided this was an important question to answer. The truth is that this is simply not an actionable case. The reason is that you have no DAMAGES. Clearly the employee's conduct was inappropriate. However, other than some temporary embarassment, you simply have not been "damaged" to the degree the law would afford you a remedy. This is similar to when an employer makes a sexual comment to a subordinate. There is no question it should not happen. However, unless you lose your job, are demoted, or suffer some other pecuniary loss due to actual "harassment," you just don't have a cause of action worth pursuing.

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1/07/08, 6:55 pm

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