A Saratoga McDonald’s employee prepares to file a complaint of sexual harassment and retaliation – Mercury News

A former Saratoga McDonald’s employee files a discrimination complaint against McDonald’s Fridays, alleging sexual harassment and wrongful termination.

Kenya Chapas, 27, claimed she was touched inappropriately, made obscene comments on the job, and felt stalked while working at a fast food restaurant at 18578 Prospect Road.

“After participating in a sexual harassment investigation, McDonald’s retaliated against me by reducing my working hours and then ending my employment,” Chapas said in a draft complaint obtained by Mercury News.

Chapas claims the sexual harassment began in January when a male co-worker began offering to buy her and her children gifts, to give her money and buy her something nice for Valentine’s Day. He also allegedly touched her arms and asked to see her hands while working.

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“After being initially polite, I quickly told him to stop spending any money on me or my children. However, he insisted, and I started to feel very uncomfortable,” Chapas said in the draft complaint.

After she asked a co-worker to borrow some money, she found out that the alleged harasser had told her friend that he would give Chapas the money if she went to a hotel with him. He also followed her to the women’s bathroom, and Chapas said she felt like he was chasing her.

She reported the behavior to the shift manager in February, and several days later the local store management and human resources manager met her in the restaurant lobby to hear her side of the story.

After she reported the harassment, Chapas said her hours are cut by at least one hour a day, and when she requested more hours, her request was denied.

Three weeks later, I took a week off after taking too long a 10-minute break. She was fired after she returned to work, and management cited her taking too long to rest as the reason for her termination.

About 30 members of the Struggle for 15, a global labor movement representing low-wage workers, organized a rally Thursday afternoon in support of Chapas. The group walked into the store with signs that read “Stop Sexual Harassment.”

This is not the first complaint on this site. Earlier this year, two employees filed complaints with the San Jose Labor Commission claiming they were not receiving paid sick leave. One of the employees was a breast cancer survivor who was diagnosed with liver cancer.

The news comes as fast food workers across the state are speaking out against sexual harassment and other systemic issues in the industry in support of the Rapid Recovery Act, or AB 257.

The measure would create a statewide fast-food sector council that would include workers, government and industry representatives to set minimum health, safety and employment standards across California.