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McDonald’s is trying to shut down a class action lawsuit filed against it by two Black franchisees who claim the company treated them with racial bias.
The company filed a motion in federal court Monday to dismiss the case brought against it by brothers James Byrd Jr. and Darrell Byrd, who say McDonald’s has treated them and other Black franchise owners unfairly. Those accusations are baseless, inflammatory and “wholly inconsistent with McDonald’s legacy of opportunity,” the motion says.
McDonald’s also argued the class action lawsuit lacks the kind of concrete factual allegations needed to pursue litigation.
“McDonald’s commitment to diversity, equity, and inclusion in its business dealings is one of the core values that define who the company is and how it runs its business,” the motion to dismiss says. “If this matter were to go to trial, the facts would show that Plaintiffs’ allegations are meritless and that their speculation about a vast, company-wide conspiracy against Black franchisees has no basis whatsoever.”
The Byrd brothers claim they have faced racial bias in being denied growth opportunities and saddled with unfairly high overhead at the franchises they have owned in and around Nashville and Memphis, Tenn. Their class action lawsuit says the McDonald’s corporation limits Black franchisees to restaurants in the least desirable locations, with the highest operational costs, penalizes them with greater scrutiny and inspections, and denies them the same corporate support white franchisees get to help them succeed.
The class action lawsuit was filed in federal court in Illinois on Oct. 29 on behalf of the Byrds and 186 other Black owners of McDonald’s franchises, it said.
In its motion to dismiss the Byrd case, McDonald’s says the Byrd brothers have long been members of the company’s franchise system, have “bought and sold many restaurants over the last few decades, had many lucrative years but also years of financial mismanagement resulting in substantial debts.” The company claims it gave the plaintiffs “generous financial assistance” and now considers it “profoundly upsetting” the men would sue for millions of dollars on claims of racial bias.
The claims made in the Byrd class action lawsuit are based on accusations, which are based on speculation, which are insufficient to support a civil action, McDonald’s argued in its motion to dismiss. The plaintiffs’ assertions are “designed more for publicity than to meet their burden of satisfying legal standards,” the motion says.
Have you ever owned a McDonald’s franchise? Did the company treat you, or any of your fellow franchisees, with racial bias? Tell us about it in the comment section below.
Lead plaintiffs James Byrd Jr. and Darrell Byrd and the proposed Class Members are represented by James L. Ferraro, Janpaul Portal and Natalia Salas of The Ferraro Law Firm, P.A. and William R. Fahey of Cooney & Conway, P.C.
The McDonald’s Racial Bias Class Action Lawsuit is James Byrd, Jr., et al. v. McDonald’s USA, LLC, et al., Case No. 1:20-cv-6447 in the U.S. District Court for the Northern District of Illinois Eastern Division.
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