A transgender man’s discrimination lawsuit against a Scarborough Dunkin’ franchise alleging discrimination has been settled out of court, according to documents filed in federal court.
Kye Hubbard of Westbrook filed the lawsuit in July 2020 against Exit 42 Donuts, the formal name of the Dunkin’ franchise at 284 Payne Road in Scarborough, and parent company Cafua Management Co., which manages more than 200 Dunkin’ franchises throughout New England, according to its website.
The case was the first in Maine to cite new Civil Rights protections since a June 15, 2020 ruling by the U.S. Supreme Court, Hubbard’s attorney said previously.
The parties reached a settlement June 22, according to documents filed at U.S. District Court in Portland.
Details of the settlement were not available in the court documents. K. Joshua Scott, the Portsmouth, New Hampshire-based attorney representing Cafua Management and Exit 42 Donuts, did not respond to several requests for comment from The Forecaster. Hubbard’s Kennebunk-based attorney, James Clifford, confirmed the settlement, but declined to discuss it in detail, citing confidentiality as one of the terms of the settlement.
“We are unable to offer any comment about the terms or conditions of settlement other than to state that our client is very pleased to put the matter behind him,” Clifford said via email.
Hubbard, who worked as a shift leader at the Scarborough location, alleged he faced harassment from co-workers after his supervisor revealed his transgender status without his permission. He also said that regional management did not take strong enough action against the supervisor. In response, the company said it did not fire the supervisor because the supervisor had already resigned, court documents said.
Hubbard also alleged the company fired him on Jan. 25, 2019, after learning that he had discussed the matter with the Maine Human Rights Commission. The company admitted firing Hubbard, but argued it was due to Hubbard vaping inside the building, which was a violation of company policy.
Requests for comment from the company in 2020 led to Michelle King, senior director of global public relations for Dunkin’ Brands, to issue a statement on minority rights in general: “Dunkin’ and our independent franchisees have a long-standing history of embracing diversity. Discrimination is completely inconsistent with our values, and we strive to create inclusive work cultures.”
King did not respond to a request for comment on the settlement.
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