The U.S. Equal Employment Opportunity Commission sued a Utah company that operates more than 20 Subway restaurants, alleging the franchise failed to prevent a district manager from sexually harassing and assaulting a 16-year-old male employee.
The EEOC filed the lawsuit Friday against Franchise Management, LLC in U.S. District Court for the District of Utah. The federal agency claims the company violated Title VII of the Civil Rights Act of 1964 by allowing the harassment to continue for months before escalating to sexual assault.
According to the lawsuit, a male district manager who oversaw several Subway locations made sexual comments to the teenage worker for months, including asking for pictures of the teen in his underwear and trying to discuss sexual preferences, sexual experiences and pornography. The manager also sent the teenager pictures of himself in his underwear.
The harassment culminated when the manager sexually assaulted the teenager twice during a work shift in September 2020, the EEOC alleges.
Company failed to address harassment
The EEOC filed the case after attempting to reach a settlement through its administrative process. The lawsuit names Franchise Management, LLC, which operates Subway shops throughout Utah.
“Sexual assault at work is unacceptable and always violates Title VII, regardless of whether the harasser or victim is male or female,” said EEOC Acting Chair Andrea Lucas.
Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office, said young workers face particular risks in the workplace.
“Young workers are particularly vulnerable to sexual harassment because they have less work experience and may be afraid to report an older or more powerful harasser,” O’Neill said. “This is why training on employment protections under Title VII and maintaining a work environment free of harassment is especially important to protect young people starting out in the workplace.”
Fast food industry scrutiny
The case highlights concerns about protections for teenage workers in the fast food industry, where many young people get their first jobs.
EEOC Phoenix District Director Melinda Caraballo said businesses that frequently hire young people must establish strong safeguards.
“As frequent employers of young people, fast food businesses must have strong systems in place to ensure that teenage workers are not sexually harassed by older managers, and that workers new to the workforce understand their rights when harassment occurs,” Caraballo said.
The EEOC’s Phoenix District Office handles cases in Utah, Arizona, Colorado, Wyoming and part of New Mexico.
Title VII prohibits sexual harassment in the workplace, including same-sex harassment. The law applies to employers with 15 or more employees and covers hiring, firing, pay, job assignments, promotions, layoffs, training and other employment practices.
The case is EEOC v. Franchise Management, LLC, Case No. 2:25-cv-000392-DBP.
