Kye Hubbard, a transgender man of Westbrook, Maine filed a federal discrimination lawsuit against the famous franchise – Dunkin’ Donuts in Scarborough, Maine on July 7th. Hubbard has alleged that his co-workers sexually harassed him and when he complained, he was demoted and eventually terminated by his manager.
Hubbard Claims Discrimination against Gender Identity
Kye Hubbard filed the sexual harassment lawsuit in the US District Court for the District of Maine and alleged that he was discriminated and harassed on the basis of his gender identity which does make things awkward for the people who work around him. Massachusetts-based Cafua Management Co. LLC is named in the lawsuit which owns Dunkin’ Donuts franchises in seven different states.
Exit 42 Donuts, LLC, a subsidiary of Cafua Management Co. LLC, had employed Hubbard in February 2018 where he remained till January 2019. Hubbard in May 2018 alleged that the store manager outed his identity as a transgender to his co-workers after which he was repeatedly harassed and called transphobic slurs. Hubbard had requested the manager to not reveal his gender identity.
Dunkin’ Donuts Indulged in Retaliatory Behavior
Hubbard complained about his supervisor to a corporate manager who promised him that the supervisor would be fired. However, the supervisor was only transferred to another store. In June 2018, a new supervisor was hired who revoked several shift leader responsibilities of Hubbard.
She also excluded Hubbard from management talks and allegedly revoked all computer privileges. Hubbard threatened the manager about reporting her conducting to the human resource department of Cafua. This is when the manger allegedly asked him if there was something she could do of a sexual nature to prevent him from telling on her.
The manager repeatedly misgendered him and sent him several messages calling him sexy. She also pinned a customer complaint on the board about Hubbard. He got demoted from his shift leader position and ultimately fired when he complained about the second manager.
Sexual Harassment Laws in Maine
Sexual harassment is a serious accusation and requires the experience of an employment attorney or a sexual harassment lawyer to navigate a lawsuit. Sexual harassment and gender discrimination can sink careers, destroy lives, and end businesses. Workplaces are supposed to be made comfortable and sexual harassment free by the employers.
In Maine, every company is mandated to design and establish an atmosphere of respect and security. This is mentioned in the Government Code sections 12940(a), (j), and (k). Under federal law and Maine state law, sexual harassment is defined as unwanted advances of a sexual nature, or any other verbal or physical action that directly creates a hostile work environment based on gender discrimination.