The exterior of a McDonald’s
FORT LAUDERDALE, Fla. – A Hispanic woman has filed a federal lawsuit against McDonald’s, alleging the employees at a Florida location “knowingly and intentionally discriminated against” her and her child due to their race.
Plaintiff Luzmary Lozada filed her suit in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, Oct. 14. The named defendant is McDonald’s Corporation doing business as Hallandale Food Systems Inc.
According to Lozada’s 10-page fling, Lozada and her minor daughter, L.L., visited a McDonald’s drive-thru in Hallandale Beach in July 2024.
The Miami, Dade County, resident said upon placing their order, employees mocked their accent and speech, making “demeaning” jokes.
“In fact, Plaintiffs personally observed Black employees, in the presence and under the supervision of a Black manager, make the derogatory statement, ‘...this is a f***ing Latino and I cannot understand,’” the complaint states.
“Despite Plaintiffs’ immediate complaints regarding this offensive and discriminatory remark, Defendant’s employees continued to scream and direct additional rude and discriminatory comments toward Plaintiffs.”
Lozada claims she informed “multiple employees” that both she and her daughter could hear them and requested the comments stop. She also claims she asked to speak to a manager.
However, the staff “continued laughing and mocking” the pair in real time through the speaker system and again when they approached the payment window.
Lozada contends she again requested to speak with a manager, but that the manager failed to stop the harassment or take any corrective action.
“Instead, the discrimination was compounded when McDonald’s refused to accept payment for the Lozadas’ order, effectively denying them service,” the complaint states, adding that the manager observed the conduct.
“McDonald’s employees then closed the drive-thru window in plaintiff’s face and stared at her and her daughter while refusing to process their transaction. Plaintiff captured this conduct on her cell phone video, which corroborates the discriminatory actions and refusal of service.”
Lozada’s brother, a Hispanic male, also was present and, according to the lawsuit, he went inside the restaurant to file a formal complaint – only to be refused service himself and refused to complete his sister’s transaction.
According to the filing, Lozada contacted McDonald’s corporate office, notifying it of the discrimination she and her daughter experienced.
She claims the chain has falsely denied any knowledge of the incident, pointing to its one-page position statement to the Florida Commission on Human Rights, or FCHR. In its statement, McDonald’s claims none of its employees remembered the event and that it no longer had access to security footage.
Lozada alleges she and her daughter were “traumatized” by the incident.
“They have since required professional counseling and were prescribed psychotropic medication,” the filing states. “Both now fear speaking in public and worry that their accent and Hispanic identity will subject them to further discrimination and ridicule.”
The plaintiffs are seeking compensatory damages, costs, punitive damages, and attorneys’ fees.
Miami attorney Tanesha Walls Blye and Ocoee-based attorney Frank T. Allen are representing Lozada in the action.
