Fast Food Enterprises #3, a Burger King franchisee, has settled a federal lawsuit brought forth by a black customer who claimed a white employee in the Cleveland area spit on his Whopper Jr. sandwich.

According to GoErie.com, the alleged incident happened in 2008. The customer claimed that the act was racially motivated and that the offending employee was encouraged by his manager.

The plaintiff's Whopper Jr. was tested and the presence of saliva was confirmed. Although the plaintiff admitted there were no derogatory remarks made by the Burger King employees, he claimed he was the only black customer in the restaurant and that no other customers experienced problems.

Fast Food Enterprises disputed the claims and said if spitting occurred, it was because of immaturity, not racial prejudice.

Terms of the agreement were not disclosed.

Fast Food Enterprises #3 is a private company based out of Erie, Pa.

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