A former Waffle House grill cook has launched a federal lawsuit against the iconic American diner chain, alleging she was subjected to relentless sexual harassment by her manager and that higher-ups ignored her complaints, ultimately forcing her to resign.
Allegations of Persistent Harassment and Inaction
According to legal documents filed in December 2025 and served on the company on 9 January 2026, Marilyn Smith claims her unit manager at a South Carolina location "would constantly grab [her] buttocks while at work." Smith, a resident of Colleton County, states she repeatedly asked the manager to stop the unwanted touching, but her pleas were ignored.
The complaint details that Smith reported the ongoing harassment to her district manager. However, she alleges "nothing was done" to address the situation. Instead of disciplining the alleged harasser, Smith contends the company blamed her for the incidents, creating an intolerable work environment that led to her constructive discharge in early 2025.
A Pattern of Corporate Failure?
Smith's attorney, Matthew King of the Wigger Law Firm in North Charleston, told The Independent that the case highlights a troubling pattern. "Ms. Smith's case, unfortunately, is indicative of the type of harassment and conduct imposed on females in the workplace," King said. He further criticised a "protect-the-company mindset" among managers that often leaves hourly workers vulnerable.
This is not the first time Waffle House has faced such allegations. In 2009, the chain settled a lawsuit with the U.S. Equal Employment Opportunity Commission (EEOC) after a night-shift cook in Nashville, Tennessee, was accused of harassing multiple servers with "unwelcome sexual touching." The EEOC found the company failed to take prompt action despite complaints.
Furthermore, the company's former CEO, Joseph Rogers Jr., was sued personally in 2012 by his housekeeper, who claimed he secretly recorded them having sex. That case was settled in 2019.
The Human and Legal Cost
Smith was hired as a Grill Operator on 10 July 2024, a role that typically pays between $10 and $14 per hour. Her complaint states she was an "effective and efficient" worker. The alleged harassment began on 1 September 2024 and continued unabated until a final incident on 22 January 2025.
The lawsuit asserts that the company's inaction caused Smith to suffer "great emotional and mental distress, terror, humiliation, embarrassment, and shock." She is seeking a range of damages, including:
- Lost wages, front pay, and back pay
- Compensation for emotional distress and humiliation
- Punitive damages
- Court costs and attorney's fees
The suit accuses Waffle House of "recklessness, willfulness and wantonness" in failing to prevent the harassment or stop it once reported. Waffle House, which operates over 2,000 locations across 25 states, did not respond to a request for comment on the allegations.
