MCAD finds probable cause that Mass. McDonald’s discriminated by serving Muslim customer bacon
The state Commission Against Discrimination has found probable cause to credit allegations that a McDonald's in western Massachusetts intentionally served a Muslim customer bacon in a sandwich, a charge that the restaurant "vehemently denies," according to state documents.
The allegations of discrimination on the basis of religion, Islam, and national origin, Yemeni, in a place of public accommodation arose after Ghadir Alahmar, a Chicopee resident, went to the McDonald's on Meadow Street in Chicopee on June 29, 2021 with her two 7-year-old sons, according to the complaint filed with the MCAD on April 20, 2022.
A conciliation conference to discuss the possibility of a settlement is scheduled for Feb. 18, 2025, according to a probable cause finding letter dated Oct. 29 and addressed to Alahmar.
Boston 25 has reached out to the McDonald's restaurant for comment.
The restaurant "vehemently denies any of their employees purposely added bacon" to Alahmar's order to discriminate against her, according to the state's Investigative Disposition dated Oct. 28.
"Investigation reveals she was treated differently from others not in her protected class when bacon was placed on her order of a fish sandwich," MCAD Investigator Juanita Duvall and Attorney Advisor Matthew Marotta wrote in the Investigative Disposition.
McDonald's also "states one of their employees was aware of the tenets" of Alahmar's religion "that forbid the consumption of products that come from pig, which may suggest that serving the Complainant bacon was not in error," the Investigative Disposition states.
In their position statement given to an MCAD investigator, the fast-food restaurant said that the use of a plexi-glass barrier between cashier and customer along with masks back in June 2021 "made it difficult for employees and customers to hear each other at times."
McDonald's has cash registers using electronic touch screens where employees touch buttons showing food items and any add-ons or requests, with separate buttons for "plain" and "add bacon," among other options, according to MCAD documents.
The restaurant told state investigators that the bacon add-on was done in error.
Alahmar "was given a receipt and never raised the issue of the incorrect item on the receipt while she was in the store," according to the Investigative Disposition. When her husband later returned to the store about the bacon in the sandwich, a manager "apologized for the error and refunded the purchase."
Of note, one of the employees working when Alahmar and her sons placed their order "has a Muslim father, so he is especially careful not to include bacon in an order when it is indicated not to include it," the Investigative Disposition states.
Alahmar emigrated from Yemen to the United States in 2014, and wears a hijab, or Islamic headscarf, and abaya, a long, dress often worn by Muslim women, in public, her April 2022 complaint to the MCAD states.
According to the complaint and Investigative Disposition, Alahmar told the cashier inside the restaurant that she wanted a plain fish sandwich. She had her son repeat the order to the cashier to ensure they understood her order because "her English was not good." The boy allegedly told the cashier that he wanted a plain fish sandwich and fries and cookies.
Alahmar paid for the food, but was not aware that the restaurant had charged her for two half strips of bacon. The complaint alleges that Alahmar and her sons waited an estimated seven to 10 minutes to receive their order. After receiving the food, they walked a short distance to a nearby school playground, where they planned to eat.
When the boy opened his sandwich, there were bacon strips on it, the complaint states. Alahmar allowed the boy to eat the fish portion and the bottom bun because he was hungry.
A few hours later, Alahmar's husband went back to the McDonald's with the receipt and uneaten portion of the sandwich, and the manager refunded the purchase price, the complaint states.
The Massachusetts chapter of the Council on American-Islamic Relations issued a statement on the state's probable cause finding.
"We are encouraged by this significant finding, which allows the case to advance," Attorney Barbara Dougan, legal director for the Massachusetts chapter of the Council on American-Islamic Relations and who represents Alahmar, said in a statement. "While this is not yet a final resolution, it's gratifying that MCAD saw through the justifications offered by McDonald's to explain this disturbing incident at the Chicopee store. MCAD's finding brings us one step closer to accountability and justice for the family."
In a statement, Alahmar said, "I'm happy that MCAD decided there's Probable Cause that McDonald's discriminated against us. Even now, my son tells me that every time he sees a McDonald's, he still thinks about what happened to us."
"I want McDonald's to make changes to employee hiring and training so that only people who are respectful and welcoming work there, not racist or prejudiced people. My son said the same thing – I want them not to hate Muslims," Alahmar said.
Chicopee is a city north of Springfield in western Massachusetts. At the 2020 census, the city had a population of 55,560.
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