Five Guys again accused of race discrimination

Employees say hostile conditions, retaliation persisted even after settlement of '09 suit

The local franchisees of the booming Five Guys Burgers and Fries chain settled a race discrimination lawsuit filed by nine African-American employees in 2010. But the lawyers who represented those plaintiffs in that case are back with more claims.

This time, they allege that the restaurant company’s stores in Green Hills and on West End Avenue retaliated against other employees who were involved in the earlier lawsuit

The lawsuit, filed by attorneys Stephen Grace and Douglas Janney, also names as defendants Five Guys’ Virginia-based owner Paul McKechnie and Nashville-area manager Jonathan Drolshagen. It claims that several African-American employees continued to hear racial remarks in the workplace after the last suit was filed and that they were passed over for promotions.

“Defendants retaliated against Plaintiffs for reporting, opposing and refusing to remain silent or participate in illegal conduct and ... for giving adverse testimony in the ... race discrimination cases against Defendants,” the lawsuit reads.

The suit asks for back pay, compensatory damages, reinstatement pay, punitive damages and attorneys’ fees for the five defendants. Download it here.

Five Guys media relations could not be reached on Monday.