Shake Shack pays trans employee $20K to settle harassment case

OAKLAND - The New York City-based fast-food chain Shake Shack, known for its premium burgers and shakes, has settled a case in the Bay Area brought by a former trans male employee who filed the complaint with the help of California’s state Civil Rights Department, (CRD).

In a press release issued earlier this week by CRD, the former employee, who was not named, said that the alleged harassment started after he was trained in San Francisco and assigned to work in a store in Oakland, California in 2020. 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 CRD: “Management told him repeatedly that he would have to explain his gender to co-workers rather than rely on management to correct discriminatory behavior. Frustrated by management’s failure to address his concerns, after only a month the complainant left the company.”

Shake Shack will pay the former employee $20,000 as part of the announced settlement. The company also agreed to update its policies and training relating to retaliation, harassment, discrimination, and bullying in the workplace, CRD’s press release noted.

In an interview with Business Insider CRD director Kevin Kish told the news outlet that California law prohibits “intentional misgendering” in the workplace.

“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 told Business Insider. “CRD appreciates Shake Shack’s acknowledgement of its responsibility to provide a discrimination-free environment to its workforce.”

By BRODY LEVESQUE