- Shake Shack is a New York fast-food chain known for its premium burgers and custard shakes.
- An ex-employee in California said he was constantly asked "to explain his gender to co-workers."
Shake Shack has settled a California case where a former employee said he was constantly asked "to explain his gender to co-workers," according to the state's Civil Rights Department.
The New York burger chain, founded by Danny Meyer, will pay the former employee $20,000 as part of the settlement, announced Monday. The California employee filed a complaint with the department, stating he was subjected to "discrimination, harassment and retaliation based on gender identity and gender expression."
The employee said the alleged harassment started after he was trained in San Francisco and assigned to work in a store in Oakland, California. He alleged he was "repeatedly misgendered by co-workers and that when he complained, management failed to take reasonable steps to correct the behavior," according to a Civil Rights Department press statement released Monday.
"Management told him repeatedly that he would have to explain his gender to co-workers rather than rely on management to correct discriminatory behavior," the department said. "Frustrated by management's failure to address his concerns, after only a month the complainant left the company."
Department director Kevin Kish said California law prohibits "intentional misgendering" in the workplace.
Beyond the $20,000 payment to the former worker, Shake Shack has agreed to update its policies and training relating to retaliation, harassment, discrimination, and bullying in the workplace, the state agency said.
"Creating a welcoming and fulfilling environment for all our employees and guests is critical," a Shake Shack spokesperson told Insider in a statement. "We are constantly taking steps to ensure our policies and culture reflect our commitment to diversity and inclusion in the workplace."
"Intentional misgendering and other forms of discrimination based on gender identity and gender expression can be stressful and traumatic," Kish said. "CRD appreciates Shake Shack's acknowledgement of its responsibility to provide a discrimination-free environment to its workforce."
Shake Shake is a fast food chain that sells burgers, fries, and custard shakes. The chain has more than 430 US and international restaurants.