The 3rd nominee for the Worst Employer of 2024 is … the supersized sex offender

A McDonald's franchisee has agreed to pay $4.35 million to settle claims brought by a 14-year-old worker raped by a manager.

According to the now settled lawsuit, the franchisee, Rice Enterprises, knew that its manager, Walter Garner, was sexually harassing child employees before Garner raped the plaintiff. Garner, already a registered sex offender during his employment, later pleaded guilty to criminal charges stemming from the rape and is now in prison.

The allegations are as bad as you might think. 

A DEI smackdown

It's a DEI heavyweight battle of epic proportions that played out of X over the past week.

In the blue corner, hailing from Big D, the owner of the Dallas Mavericks and serial entrepreneur Mark Cuban: 

I've never hired anyone based exclusively on race, gender, religion. I only ever hire the person that will put my business in the best position to succeed. And yes, race and gender can be part of the equation. I view diversity as a competitive advantage.

And in the red corner, hailing from our nation's capital, EEOC Commissioner Andrea Lucas: 

Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can't even be a "motivating factor" — nor a plus factor, tie-breaker, or tipping point.… This isn't an opinion; reasonable minds can't disagree on this point. It's the plain text of Title VII.

WIRTW #704: the “backyard” edition

Live Nation and the Rock & Roll Hall of Fame announced that this year's Rock Off will be the final Rock Off, at least sponsored by Live Nation and held at the Rock Hall. Barry Gabel, the senior vice president of marketing and sponsorship sales at Live Nation and the Rock Off's creator and biggest champion, is pulling the plug after this year's event because of staffing issues. He told Cleveland Magazine, however, that there's hope that the Rock Off will continue in some form in 2025 and beyond.

We're getting tons of calls from so many different venues and people that don't want to see this end, and while I'm not really available to discuss if there can be something that will follow after this year — it most probably will not be with Live Nation — but who knows. There are just too many great venues around town and too many great local clubs and passionate music people that don't want to see the Rock Off end. So we'll see what happens.

Well, Norah and I have an idea to save the Tri-C High School Rock Off in years to come. The Norah and Dad Show Rock Off!

Tickets for this year's Rock Off are available here (checkout code: NORAH). Norah performs next Saturday, Feb. 10.

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Here's what I read this week that you should read, too.

Whether you like it or not, it’s illegal to discriminate against transgender employees

“Do you have female parts?”

“You’re not a real man.”
“If I just say ‘she’, that’s what she is.”

Those are among the allegations that the EEOC made against T.C. Wheelers Bar & Pizzeria on behalf of Quinn Gambino, a transgender man the restaurant employed as a cook. Mr. Gambino complained to management about the harassment, but it continued unabated.

The 2nd nominee for the Worst Employer of 2024 is … the stone-cold stunner

I've never before had a repeat Worst Employer nominee. But never before has there been an employer like Vince McMahon.

Two years ago, I nominated the former Chairman of the WWE for allegations that he paid $3 million in hush money to a terminated, down on her luck paralegal, Janel Grant, with whom he then had an affair. Now, however, the full nature of the paralegal's allegations has come to light, and their sheer depravity require that we re-nominate Vince to this year's list.

Grant claims that she was subjected to "acts of extreme cruelty and degradation" that caused her to "become numb to reality in order to survive the horrific encounters." 

WIRTW #703: the “guitar” edition

Did you know that in addition to being an employment lawyer and a craft-beer lawyer, I’m also a podcaster?

A couple of years ago my daughter and I started a podcast together. While episodes have become more sporadic lately, The Norah and Dad Show is still very much a thing.

We just dropped a brand-new episode — "Rock 'n' Roll High School" — in which we discuss Norah's upcoming gig on Feb. 10 at the 27th annual (and final) Tri-C High School Rock Off at the Rock and Roll Hall of Fame. (Tickets here; use code NORAH.)

We reminisce about Norah's past appearances at the event and lament the end of the Rock Off as an annual event. Norah also shares a story about buying a new guitar, which she'll be showcasing from the Rock Off stage.

You'll find the episode on Apple Podcasts, Spotify, Amazon Music, Google Podcasts, Overcast, on the web, or wherever else you get your podcasts.

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Here's what I read this week that you should read, too.

Join me at this year’s Craft Brewers Conference

If you google “brewery harassment” you’ll polish off an entire six-pack before you finish reading all of the horror stories.

 

🤮 “Breweries named in wave of sexual harassment claims; CEO steps down.”

🤮 “Brewery ownership group ‘steps back’ after sexual harassment claims.”

🤮 “’This behavior should not be endorsed or tolerated’: harassment allegations explored as brewery reportedly closes.”

🤮 “Couple who helped start major brewery accuse owner of sexual harassment.”

🤮 “Brewery founder steps away from operations amid allegations of sexism and racism.”

🤮 “Findings of investigation into toxic brewery workplace are ‘troubling and heartbreaking.’”

And on … and on … and on. It’s an epidemic in our craft beer industry.

Which is precisely why I am so excited to be returning to this year’s Craft Brewers Conference to present, “Crafting a Harassment-Free Craft Brewery.”