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Shake Shack has suspended employees while the police investigate an alleged assault on a customer, who claims the attack was homophobic.
A 28-year-old man, Christian Dingus, told NBC News that he, his partner, and a group of friends were eating at a Shake Shack store in Dupont Circle, Washington DC.
Dingus said while waiting for their order to arrive, he and his partner began to kiss. “And at that point, a worker came out to us and said that, you know, you can’t be doing that here, can’t do that type of stuff here.”
According to the customer, his partner was removed from the premises after confronting the staff member and insisting he had done nothing wrong.
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Dingus alleged that when he went outside to defend his partner, who was in a verbal argument with some staff members, multiple employees proceeded to physically attack him.
“And then one of the men, pretty forcefully, like, pushed me out of the way on my shoulder,” he claimed. “And then, you know, next thing I know, that kind of just, I think, sparked the rest of them. ... They all just kind of started attacking me at that point, dragging me back through the floor and continuously punching me in my head.”
How has Shake Shack responded to the alleged assault by its staff?
The police are investigating Saturday’s incident as a hate crime. A report filed by the Metropolitan Police Department seen by NBC classifies it as a simple assault with an anti-gay bias motivation.
A spokesperson for Shake Shack released a statement Sunday, stating that the employees in question have been suspended pending further investigation.
“We are aware of the incident on Saturday, Aug. 17 involving team members and a guest at our Dupont Circle location and are taking it very seriously,” they said, adding Shake Shack is “committed to taking the appropriate actions” based on the findings of the investigation.
The spokesperson also said the company will cooperate fully with the authorities.
Dingus said he was sent a video of the event recorded by another customer at Shake Shack. The video appears to show two individuals in T-shirts with Shake Shack logos pushing and repeatedly punching a man in the head.
Two other people also wearing Shake Shack T-shirts then arrive, but it is unclear what happens next. The video does not show anything that led up to the incident, nor is there audio for the alleged assault itself.
But Dingus said he felt there was “a desire to be violent” toward him. “I think it’s very evident in that film,” he said.
“You hear all the time that this stuff happens, but, you know, I started kind of believing that it didn’t, right?” he continued. “I’ve been ... thinking of progress and how great that community is here, and then for that all to kind of be shattered, you know, kind of sucks.”
Dingus said he suffered a concussion and trauma to his jaw.
Alleged employee attack puts Shake Shack in a tough spot
Shake Shack has committed to taking the “appropriate actions” once the investigation into the crime has been concluded. The incident not only reportedly involved people who worked for Shake Shack, but also took place on their company premises and during working hours.
This makes it a tricky issue for Shake Shack to handle. In previous incidents similar to the alleged assault, customers who suffered injuries after a physical altercation with a member of staff filed to sue not only the employee but also the employer.
Dingus did not specify any further legal action he plans to take, but questions may be asked about the reported actions of Shake Shack’s staff and why any possible attack took place, as well as the existence of any 'anti-gay bias' in its team members.
Shake Shack has previously highlighted its support for the LGBTQ+ community, earning a 100% score on Human Rights Campaign’s Corporate Equality 100 Award.
