Major Chain PUNISHES Victim Instead Of Predator

Exterior view of a Waffle House restaurant with bright yellow signage

A former Waffle House cook’s federal lawsuit reveals how a multi-billion dollar restaurant chain allegedly turned a blind eye to months of systematic sexual harassment, choosing to discipline the victim instead of the accused manager.

Story Snapshot

Marilyn Smith filed a federal lawsuit claiming her unit manager groped her “virtually nonstop” for four months
Despite repeated complaints to district management, Waffle House allegedly took no corrective action
Smith was disciplined after the final harassment incident on January 22, 2025, leading to her resignation
This marks the second time in 16 years that Waffle House has faced federal action for similar harassment patterns

Four Months of Ignored Complaints

Marilyn Smith’s ordeal began on September 1, 2024, just two months after she was hired as a grill operator in Colleton County, South Carolina. According to court documents, her unit manager began “pawing virtually nonstop” at her buttocks, creating a hostile work environment that would persist for months. Smith repeatedly asked the manager to stop and escalated her complaints to the district manager, but the company allegedly ignored her pleas entirely.

The harassment continued relentlessly through January 2025, with Smith described in court filings as an “exemplary employee” who performed her duties effectively despite the intolerable conditions. The systematic nature of the alleged abuse and the company’s documented inaction paint a troubling picture of institutional indifference to employee safety and federal workplace protections.

Corporate Pattern of Negligence

This lawsuit isn’t Waffle House’s first rodeo with sexual harassment allegations. In 2009, the U.S. Equal Employment Opportunity Commission settled a case involving a Nashville location where a night shift cook allegedly harassed multiple servers with unwelcome sexual touching. The EEOC found that management failed to take “prompt and appropriate corrective action” despite repeated complaints from victims.

The historical precedent strengthens Smith’s case significantly, establishing that Waffle House had prior notice of similar harassment patterns and institutional failures. When companies ignore lessons from previous federal interventions, they expose themselves to heightened liability and demonstrate a troubling disregard for employee welfare. This pattern suggests systemic problems rather than isolated incidents.

Victim Becomes the Problem

The most egregious aspect of Smith’s allegations centers on January 22, 2025, when the final groping incident occurred. Instead of addressing the harassment complaint, Waffle House allegedly disciplined Smith herself, effectively punishing the victim while protecting the accused manager. This backwards response forced Smith into what employment lawyers call “constructive discharge” – resignation due to intolerable working conditions.

Attorney Matthew King characterizes this as indicative of “the protect-the-company mindset of managers and human resources employees that many hourly workers are not aware of.” This corporate strategy of victim-blaming reveals a calculated approach to harassment complaints that prioritizes legal protection over employee safety and basic human decency.

Power Dynamics in Low-Wage Work

Smith’s case illuminates the vulnerable position of hourly workers in the food service industry, where power imbalances create perfect storms for abuse. As a grill operator reporting to a unit manager, Smith faced the common dilemma of low-wage workers: endure harassment or risk losing income. The kitchen environment’s close quarters and hierarchical structure compound these vulnerabilities.

The lawsuit seeks comprehensive damages including back pay, emotional distress compensation, and punitive damages to be determined by a jury. Smith’s legal team filed the case on December 23, 2024, and served Waffle House on January 9, 2025. The company has declined to comment publicly, suggesting they’re circling the wagons rather than addressing the substantive allegations head-on.