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Rapid City man says female Hardee's boss made sex a condition of employment
Rapid City Journal ^ | 2/21/2014 | Scott Feldman

Posted on 02/23/2014 10:04:29 AM PST by Excuse_My_Bellicosity

A Rapid City man has filed a federal lawsuit against the Hardee’s restaurant chain, alleging he was pressured into a sexual relationship with his female supervisor, who then fired him when he ended it.

Gerald Anderson of Rapid City filed the lawsuit against the Northland Restaurant Group, operating as Hardee's, claiming that the business violated anti-discrimination laws.

Anderson said he unfairly lost his job at the restaurant in October 2012, according to a complaint filed Feb. 5.

In the lawsuit, which presents only one side of a dispute, Anderson claims he was hired at Hardee's in August 2012 by restaurant manager Danielle Dahlenburg. Anderson claims Dahlenburg subjected him to "unwanted sexual advances, requests for sexual favors and sexual touching" during his employment, according to court documents.

The suit does not say which of the two Rapid City Hardee's locations the incidents took place, or if Dahlenburg is still employed by the chain.

Anderson, who first took his claims to state and federal fair employment agencies, says the unwelcome sexual overtures were an expressed or implied condition of his employment, and as such he submitted to her requests, the suit alleges.

"When she hired him, Dahlenburg told plaintiff that if he 'applied' himself and worked with her 'on and off the clock' he could advance to a management position," the suit alleges. "Dahlenburg led plaintiff to believe that his submission to her sexual advances was a condition of his employment and that he would be fired, or otherwise retaliated against, if he did not acquiesce."

Anderson's suit claims that when he ended the relationship in October 2012, he was terminated about one week later. His attorney claims the manager's behavior was illegal under federal and state employment law.

“The primary allegation that we have here is that his employment was conditioned upon his participation in a sexual relationship with his supervisor and that constitutes unlawful employment discrimination,” said Sarah Baron Houy, Anderson's attorney.

Hardee's has not yet filed a response to the lawsuit, Houy said.

Messages left with Northland Restaurant Group seeking comment were not returned. Dahlenburg is not named as a defendant in the suit. She could not be reached for comment and an online phone listing for her was no longer in service.

In April 2013, Anderson filed discrimination charges with the Equal Employment Opportunity Commission and the South Dakota Division of Human Rights. In July 2013, the SDDHR issued a determination of probable cause. That finding was backed by the EEOC in November 2013 and he was sent a Notice of Right to Sue.

Anderson is seeking unspecified punitive and compensatory damages for lost wages, benefits, attorney fees and other costs due to "humiliation and embarrassment," according to the suit.


TOPICS: Crime/Corruption; News/Current Events
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To: digger48

They just knew what everybody wanted so they provided something.


41 posted on 02/23/2014 10:37:02 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: dfwgator
"That’s the guy’s LAWYER,"

Is sex part of the representation deal?

42 posted on 02/23/2014 10:37:44 AM PST by fella ("As it was before Noah so shall it be again,")
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To: digger48

You gotta give the people what they want.


43 posted on 02/23/2014 10:37:57 AM PST by dfwgator
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To: Rides_A_Red_Horse

You get credit for the original thought. I should’ve continued reading all comments b4 posting.

See #39.


44 posted on 02/23/2014 10:38:41 AM PST by moovova
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To: fella

It’s part of EVERY deal with lawyers.(You get screwed)


45 posted on 02/23/2014 10:41:52 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: Political Junkie Too
So, Hardee's isn't about burgers and fries anymore?

I like Hardee's burgers, but I really look forward to Lent, even though I'm not Catholic... Hardee's a charbroiled fish filet sandwich that's incredible!

Mark

46 posted on 02/23/2014 10:45:40 AM PST by MarkL (Do I really look like a guy with a plan?)
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To: Excuse_My_Bellicosity
female Hardee's boss made sex a condition of employment

Where can I find a Hardee Job Application Form?
47 posted on 02/23/2014 10:45:44 AM PST by Koracan
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To: digger48

Next I imagine they’ll be telling us that his lawyer demanded that he have sex with her as a condition of taking his case ;-)


48 posted on 02/23/2014 10:45:52 AM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: dfwgator

Besides the potential of the guy’s lawyer throwing him something on ‘contingency’ here, I’d say this is probably just a case of “deep pocket syndrome.”


49 posted on 02/23/2014 10:48:24 AM PST by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Excuse_My_Bellicosity
Probably more like:


50 posted on 02/23/2014 10:49:50 AM PST by RightGeek (FUBO and the donkey you rode in on)
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To: TurboZamboni
"Originally, I thought she asked me to check out the condiment stock ..."
51 posted on 02/23/2014 10:50:24 AM PST by mikrofon (Legal Briefs)
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To: digger48

Ok, we can work with that.


52 posted on 02/23/2014 11:16:45 AM PST by EQAndyBuzz (Insurgent Conservative)
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To: digger48

Why wasn’t she my boss when I worked at Hardees?


53 posted on 02/23/2014 11:22:19 AM PST by The_Media_never_lie (The media must be defeated any way it can be done.)
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To: The_Media_never_lie

So I guess you could say he was fired for non-performance?

Lew


54 posted on 02/23/2014 11:51:49 AM PST by laterldf
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To: laterldf

Were the condoms free?


55 posted on 02/23/2014 12:38:18 PM PST by DocJhn
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To: digger48; mickie; pax_et_bonum
It's a pet peeve of mine on FR....i.e., photos not being identified as to who or where or what, whatever.

If a photo was ID'd, it would probably save a dozen or so ensuing space-wasting posts per thread.....including mine.

Leni

56 posted on 02/23/2014 12:44:12 PM PST by MinuteGal
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To: MinuteGal

57 posts in and nobody’s found one.
My internet search was unsuccessful.
The internet “white pages” says there’s only one “Danielle Dahlenburg” listed in the US.


57 posted on 02/23/2014 12:50:08 PM PST by nascarnation (I'm hiring Jack Palladino to investigate Baraq's golf scores.)
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To: Excuse_My_Bellicosity

This will go nowhere. Everyone knows that only men can be sexual harassers.


58 posted on 02/23/2014 1:01:09 PM PST by TBP (Obama lies, Granny dies.)
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To: nascarnation
I don't even care to see the supervisor's photo, unsuccessful search or not.

My point was that it would have been helpful if the posted photo had been identified as the attorney she is instead of the image having no ID at all.

Leni

59 posted on 02/23/2014 1:09:15 PM PST by MinuteGal
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To: RightGeek

The happy in Happy Meal, and the FUN in dysfunctional!


60 posted on 02/23/2014 1:15:37 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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