Kayce McManis sued Whataburger Restaurants LLC in state district court in San Antonio on Monday, alleging racial discrimination, a hostile work environment and retaliation under federal law. The lawsuit seeks between $250,000 and $1 million, plus attorneys’ fees and punitive damages, according to the San Antonio Express-News. A Whataburger spokesperson told the outlet that the company does not comment on pending litigation.
McManis’s lawsuit describes workplace disputes at the Uvalde restaurant after a new general manager arrived. She alleges her shifts were reduced, a raise and cross-training were denied, and a manager yelled at her or sent her home during shifts. She also alleges a member of the management team said white employees did not last long there, the Express-News reported.
The lawsuit also says a former manager linked McManis’s lack of work hours to her race. She alleges that she raised concerns with the company’s human resources department but received little or no response, and that managers threatened retaliation if she filed formal complaints, according to the Express-News.
McManis previously worked as a team leader at a Whataburger in Temple, starting in 2017 and leaving in 2019, according to the lawsuit. The company rehired her in March 2023 at its Uvalde restaurant, where she continues to work, the Express-News reported.
The lawsuit says McManis filed a discrimination charge with the U.S. Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964. The EEOC’s explanation of Title VII lists race, color, religion, sex and national origin among the bases on which the law prohibits employment discrimination. The agency’s guidance on discrimination claims says a person must first file a charge with the EEOC before suing in federal court. The lawsuit states that the agency issued McManis a notice of right to sue on August 10.
A separate Whataburger case in Florida
In 2020, Whataburger agreed to pay $180,000 to settle a separate lawsuit alleging that a Tallahassee location was instructed to hire only white applicants, KXAN reported. The settlement did not establish that the allegations were true and does not resolve McManis’s case.
