MONROE, N.C. (CN) – A girl claims McDonald’s hired an undocumented manager who sexually harassed his workers, paid them for sex, and raped her in the restaurant.
The girl says she got her first job at McDonald’s when she was 16, working for manager Irving Xavier Nava. According to the complaint in Union County Court, Nava was an undocumented immigrant who “openly discussed his need to ‘buy new’ fake identification cards every six months.”
She says that almost immediately she had to rebuff Nava’s “advances,” and found that he “was soliciting other minor employees, including one male employee, for sexual acts in exchange for money.”
She claims that “Nava actually paid various minor employees hundreds of dollars for sexual acts while employed as a McDonald’s manager.”
She says she reported Nava’s misconduct to management, which briefly suspended him, then let him return to work.
She claims Nava previously had been fired by another McDonald’s outlet, for “unfitness and incompetency.”
She says McDonald’s general manager turned a blind eye to Nava’s sexual predations and let him supervise minors, despite a complaint from another minor employee who claimed “Nava was propositioning him for sexual acts in exchange for money.”
She says Nava “forcibly raped” her during a shift when only the two of them were working, “as she repeatedly told him to ‘stop’. Only once she began bleeding did the McDonald’s manager cease his terrifying attack,” according to the complaint.
She claims McDonald’s continued to employ Nava even after police informed them that Nava was being investigated for rape.
“Despite this information, McDonald’s continued to employ Nava until it literally could not. Nava was eventually arrested and charged with rape, sexual battery and kidnapping,” the complaint states.
She says Nava pleaded guilty, and after he was released from custody, he was “deported to Mexico where he remains to this day.”
The girl and her father claim that McDonald’s fails to maintain a safe work environment to ensure that “its ‘over 1 million employees’ and managers were not illegal aliens and/or sexual predators,” and that McDonald’s knew or should have known about Nava’s “sexual predation of minor employees” but failed to take action against him.
She seeks punitive damages for negligence. She is represented by Shawna Collins of Monroe, N.C.