The Maine Supreme Judicial Court unanimously agreed Thursday that the management company of a Portland McDonald’s franchise is not vicariously liable under the state’s Human Rights Act after one of its employees displayed discriminatory behavior toward a customer.
Tiffany Vargas and Erika Acevedo challenged a Cumberland County Superior Court trial judgment in favor of the McDonald’s franchisee, Riverbend Management, which was found not liable for the conduct of its employee, Andrew Mosely, who angrily cursed at and referred to Vargas and her passenger with an offensive racial slur in August 2020. Vargas interacted with Mosely at the drive-thru window before he went outside to deliver another customer’s order. When he was walking back to the restaurant, the second interaction between Vargas and Mosley occurred, ensuing the slew of foul language, according to the court’s opinion.
