Saucier ex rel. Mallory v. McDonald’s Restaurants of Montana, Inc.

Patricia Saucier (plaintiff) was an adult with a significant mental disability as a result of having spinal meningitis at six months of age. Saucier had an extremely low IQ, and she had the reasoning ability of a child 11 or 12 years of age. Thus, assessments indicated that Saucier was at risk of exploitation in a variety of ways, including sexual exploitation. Prior to reaching adulthood, Saucier lived in residential treatment facilities and group homes. As an adult, Saucier was able to live on her own with monitoring and assistance. At age 24, Saucier got a job at McDonald’s Restaurants of Montana, Inc. (McDonald’s) (defendant), where her married supervisor, Alex Keeton (defendant), engaged in a sexual affair with Saucier despite knowing that she was mentally disabled. Keeton apparently altered Saucier’s hours, having her work later so that he could have sex with her. Keeton told Saucier that he loved her and might divorce his wife and marry her. Instead, Keeton abruptly ended the relationship and stopped scheduling Saucier for work. Saucier disclosed the matter to her sister. An attorney was obtained, and Saucier’s aunt, Mary Mallory, was appointed as her guardian, limited to assisting Saucier with litigation. Mallory filed various discrimination and tort claims in a district court against McDonald’s and Keeton, including that Keeton had committed battery through his sexual conduct with Saucier. Mallory also alleged that Saucier was unable to consent to having sex because of her disability. If Saucier was able to offer an effective consent to Keeton’s sexual conduct, this would prevent a tort recovery, and the parties contested this issue. Regarding Saucier's capacity to consent to have sex in an employment setting with a supervisor, Mallory pointed out the results of various assessments, including Saucier’s mental disability, her low IQ, her vulnerability to sexual exploitation, and her minimal capability of understanding the consequences that came with a sexual relationship. However, McDonald’s noted that Saucier had received sexual education and had prior sexual relationships and noted an evaluator’s conclusion that Saucier had a basic understanding of sex and its physical consequences, such that she used birth control. McDonald’s and Keeton both moved for summary judgment on Saucier’s tort and discrimination claims, which a district court granted on all claims except for Saucier’s claims of discrimination against Keeton. Mallory appealed.