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Waffle House Faces Federal Lawsuit Over Allegations of Sexual Harassment

1/17/2026, 9:11:50 PM

Allegations of Persistent Harassment

Marilyn Smith, a former grill cook at a Waffle House in South Carolina, has filed a federal lawsuit against the restaurant chain, alleging that her unit manager engaged in persistent sexual harassment, which was ignored by higher management. Smith claims that from September 1, 2024, until her resignation in January 2025, her supervisor repeatedly groped her, despite her requests for the behavior to stop. The lawsuit, filed on December 23, 2024, asserts that Smith reported the harassment to her district manager, but no action was taken to address her complaints.

Background of the Case

Smith began her employment at Waffle House on July 10, 2024, as a Grill Operator, a position that typically pays between $10 and $14 per hour. According to her complaint, she was an effective employee who performed her duties satisfactorily. However, the harassment escalated over time, leading to a situation where Smith felt compelled to resign due to the intolerable work environment. The lawsuit describes her experience as one of "great emotional and mental distress," including feelings of humiliation and revulsion.

Company Response and Historical Context

Waffle House has a history of facing allegations related to workplace harassment. In 2009, the company settled a lawsuit with the U.S. Equal Employment Opportunity Commission concerning similar claims of sexual harassment at a Nashville location. The commission noted that complaints from employees were not adequately addressed by management. Additionally, former CEO Joseph Rogers Jr. was personally sued in 2012 for allegedly recording a sexual encounter without consent, although he characterized the lawsuit as an "extortion attempt."

As of now, Waffle House has not publicly responded to Smith's lawsuit.

Legal Implications and Damages Sought

Smith's lawsuit seeks various forms of compensation, including back pay, front pay, and punitive damages for the emotional distress she claims to have suffered. The complaint emphasizes that Waffle House had a duty to prevent harassment and to take appropriate action once it was reported. Smith's attorney, Matthew King, highlighted the broader implications of her case, suggesting it reflects a systemic issue of workplace harassment and a culture that prioritizes company protection over employee welfare.

Criticism and Broader Impact

Critics of Waffle House's handling of harassment claims argue that the company's management has historically failed to protect employees from such behavior. Smith's case is seen as indicative of a larger problem within the service industry, where hourly workers may feel powerless against harassment due to fear of retaliation or lack of support from management.

Verbatim Quotes

  • “Ms. Smith's case, unfortunately, is indicative of the type of harassment and conduct imposed on females in the workplace,” — Matthew King, Attorney
  • “) Waffle House owed Smith a duty to prevent such harassment from occurring and to keep it from happening once it had been reported, according to the complaint.” — Legal Complaint

Smith's lawsuit is currently pending, and the outcome may have significant implications for workplace harassment policies within the restaurant industry.