Discrimination charge filed against Faribault Burger King location for blackface incident

A woman has filed a discrimination charge with the Minnesota Department of Human Rights following her viral video interaction with a Burger King drive-through employee in Faribault wearing blackface on Halloween.

Shavelle Devine was at the drive-through on Oct. 31 when an employee with her entire face painted black served her. Devine asked the employee what she was today, and on video she tells Devine, “I’m just Black today.”

After, Devine asked her if she thinks what she did was OK and she said, “As long as you have a good heart.” Devine then asked if she understands “the struggles that we go through as Black people,” and the employee replied, “You made me laugh, sorry,” and then, “Yes I do, I mean, no I don’t.”

Devine posted the video encounter to Facebook, where it has gotten 13 million views and been covered by national outlets. The employee's name has not been confirmed.

Merriam-Webster dictionary defines blackface as “dark makeup worn to mimic the appearance of a Black person and especially to mock or ridicule Black people.”

Attorneys David Schlesinger and Lucas Kaster are representing Devine. Schlesinger said the next steps could include an investigation by the Minnesota Department of Human Rights.

“The key questions here are going to be how the heck was she allowed to work with this blackface on? Was there a manager there? How long was she on duty? Did the manager see her? Did anyone try to stop her? How was it that they were careless enough to allow this person to interact with the public?” Schlesinger said.

Woman who posted viral video says she has been targeted

Devine said the incident and the aftermath has been traumatic. As her video continues to reach wider audiences, she’s received an overwhelming amount of messages targeting her race and others claiming she’s “just looking for money” from Burger King. It’s a lot to process, she says, and currently she’s trying to prioritize her mental health.

“They’re creating a narrative the way that it suits them. And nobody, I mean absolutely nobody, has stopped and asked me how I am doing,” she said. “I feel as if right now, I don’t have a voice.”

The charge was filed against the Faribault Burger King location. The department will determine whether the incident is covered by the Minnesota Human Rights Act and, if so, open an investigation.

Schlesinger said it was “appalling” that Devine had to explain to the employee why blackface is harmful.

“This is not a thing that can slip by, this is not an idle comment or a sort of profiling that an employee can do without a manager knowing. This is as quintessential as an act of discrimination as it gets,” he said.

Burger King says franchisee is speaking to employees

Burger King told MPR News in a statement that they are aware of the video and “take the matter very seriously.”

“The franchisee of this location is addressing the situation with his team, manager and Team Member to ensure everyone involved understands why this is not acceptable and won’t happen again.”

Burger King did not confirm if the worker is still employed by the company or whether she has been disciplined.

Regardless of what happens next, Devine says she knows she did the right thing and hopes people stop and think about their actions.

“If you don’t hold people accountable, we’ll continue to go through the same cycles,” she said.

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