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Vargas v. Riverbend Management LLC

314 A.3d 241 (2024)

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Vargas v. Riverbend Management LLC

Maine Supreme Judicial Court
314 A.3d 241 (2024)

Facts

Tiffany Vargas and Erika Acevedo (plaintiffs) went to a McDonalds in Maine owned by Riverbend Management LLC (Riverbend) (defendant). When Vargas and Acevedo were at the drive-through’s pickup window, Vargas asked employee Andrew Mosley for a cup of ice. He refused, saying that she would need to go through the line again. After another employee provided ice, Vargas saw Mosley in the parking lot doing a curbside delivery. She sarcastically shouted to Mosley to have a nice day, to which he responded by angrily cursing at Vargas and Acevedo and uttering an extremely offensive racial slur. Vargas complained to McDonalds’ headquarters, which contacted Riverbend. Riverbend’s sole member, Scott Lydick, promptly instructed the restaurant manager to investigate and then fired Mosley because his conduct was inconsistent with Riverbend’s zero-tolerance policy against discrimination. Lydick also contacted Vargas to apologize. Nevertheless, Vargas and Acevedo sued Riverbend, alleging that Riverbend was vicariously liable for Mosely’s racial slur, which violated the Maine Human Rights Act. The trial court held in Riverbend’s favor, concluding that Riverbend was not vicariously liable. Vargas and Acevedo appealed.

Rule of Law

Issue

Holding and Reasoning (Horton, J.)

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