Owner of Subway franchise in Provo sued over hostile work environment

May 20, 2025

PROVO, Utah — The owner of more than 20 Subway franchises in Utah is being sued by the Equal Employment Opportunity Commission (EEOC) over harassment that happened inside one Provo location.

Franchise Management LLC is being sued under Title VII of the Civil Rights Act of 1964. According to court documents, the business engaged in unlawful discrimination by creating a hostile work environment based on sex. Investigators say that at one point, one employee was sexually assaulted multiple times inside the Provo store while working in September 2020.

According to the EEOC, when the incident occurred in 2020, Justin Nielson was Franchise Management’s Operations and Marketing Director. Due to his role, officials said Nielson would be required to visit the location at least twice a week and had the authority to hire, discipline, and recommend the termination of employees.

In June 2020, the victim in the case, who was only 16 years old at the time and who FOX 13 News is not naming to protect their identity, was hired to work at the location. The victim claimed that from June through September, Nielson sexually harassed them on a weekly basis. Examples of harassment given in court documents include detailing sexual experiences, showing pornography to the victim, and on several occasions, using his hand to touch the victim.

Investigators said Nielson sent the victim pictures of himself in his underwear and requested that the victim send pictures as well.

On September 25, 2020, detectives claim Nielson began assaulting the victim in the store. On that date, Nielson directed the store’s manager to go to another location and send another employee home, leaving him and the victim alone. According to the investigation, once the other employees had left, Nielson would make a ‘bet’ with the victim to see who could finish a customer’s order first. When the victim lost, they were taken into a back room with a nonfunctional camera, and sexually assaulted.

The day following the assault, the victim called out of work claiming to have COVID-19, which at that point required two weeks off of work. When the victim continued to abstain from going to work, their father questioned them, which resulted in the victim opening up about the assault.

The victim’s mother reported the sexual assaults on October 12, 2020, leading to Nielson being charged with two counts of Forcible Sodomy and one count of Forcible Sexual Abuse. The sodomy charges were later dismissed, and Nielson pleaded guilty to sexual abuse.

In its lawsuit, the Equal Employment Opportunity Commission claims Franchise Management LLC didn’t provide proper training to employees about sexual harassment and didn’t provide copies of the employee handbook that covered how to report harassment.

The victim claimed to have felt unsafe reporting the incidents due to who assaulted them. The EEOC said that at the time of the report, Franchise Management LLC didn’t have an established process to investigate discrimination.

The EEOC is asking the court to order Franchise Management LLC to carry out policies, practices, and programs to provide equal opportunities to all people. They are also requesting backpay, front pay, and pre- and post-judgment interest for the victim.

EEOC officials would also like punitive damages to be paid by the company, as well as court costs for the commission.

 

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