McDonald’s Retaliation Claim Survives as Non-Promotion Dismissals Stand

CHICAGO (LN) — U.S. District Judge Mary M. Rowland on Thursday granted partial summary judgment to McDonald’s USA, LLC, ruling that plaintiffs Victoria Guster-Hines and Domineca Neal failed to establish prima facie cases for their non-promotion claims. However, Neal’s retaliation claim survives, as the court found sufficient evidence that her termination was linked to the filing of the lawsuit.

The court found that the plaintiffs failed to identify similarly situated comparators for the Field Vice President (FVP) and U.S. Vice President of Franchising (VPF) roles, which were among the four executive positions they claimed they were wrongfully denied. For the other two roles—U.S. Vice President General Manager of McOpCo and Zone President—the court found the plaintiffs failed to provide evidence that they were qualified for the positions.

“Plaintiffs fail to identify any relevant comparators for either the FVP or VPF roles,” Rowland wrote.

The judge also rejected Guster-Hines’s claim that she was “sidelined” while on paid leave, ruling that her voluntary decision to remain on leave and eventually resign did not constitute an adverse employment action. Consequently, Guster-Hines’s retaliation claim was dismissed.

However, Rowland allowed Neal’s retaliation claim to proceed, noting the “suspicious timing” between the filing of the complaint on January 7, 2020, and McDonald’s hiring of outside counsel to investigate Neal three days later. The investigation culminated in Neal’s termination.

“The timing of the Speights Investigation remains suspicious,” Rowland wrote. “A reasonable factfinder may assess this timeline and determine that Neal was fired not because of her workplace conduct but instead because she filed a discrimination lawsuit against her employer.”

The court granted full summary judgment to defendants Christopher Kempczinski and McDonald’s Corporation, finding no evidence they were involved in the challenged employment decisions.

Guster-Hines, who worked for McDonald’s for 32 years, voluntarily resigned in October 2021. Neal was terminated in February 2020 following the investigation, which concluded she had created a “very toxic workplace.”