A Michigan Krispy Kreme is at the center of a disturbing lawsuit alleging that a young woman with a developmental disability was sexually assaulted by a co-worker after the company failed to provide the workplace protections it had promised she would receive.
The lawsuit, filed Wednesday in Wayne County Circuit Court, accuses Krispy Kreme of negligence, disability discrimination, and failing to safeguard a particularly vulnerable employee who had been placed at the Allen Park store through a supported employment program specifically designed for individuals with intellectual and developmental disabilities.
The woman, identified only as K.W., began working at the Allen Park doughnut shop in April 2024 through Arkay Incorporated, a Michigan nonprofit organization that helps individuals with developmental disabilities find and maintain employment. According to the lawsuit, Krispy Kreme fully understood that K.W. had cognitive impairments and required additional supervision, guidance, and workplace advocacy to safely perform her job.
The lawsuit alleges the company even established a system to provide those protections, assigning designated employees to supervise and assist K.W. during every shift.
But on Aug. 9, 2025, those safeguards allegedly disappeared.
According to the complaint, K.W. reported for work without one of her designated supervisors present, and Krispy Kreme failed to assign another qualified employee to fill the role.
The consequences, the lawsuit claims, were devastating.
While working that day, co-worker Martell Witherspoon allegedly lured K.W. into an employee restroom, where he sexually assaulted her despite her repeatedly telling him “no.”
Initially, Witherspoon denied to police that any sexual contact had occurred.
However, according to the lawsuit, forensic DNA testing later identified him as the source of male DNA recovered from K.W. Faced with that evidence, investigators say his account changed.
Witherspoon was ultimately charged and convicted in Wayne County of third-degree criminal sexual conduct involving an incapacitated victim and is currently serving a prison sentence.
But the lawsuit argues the attack should never have happened in the first place.
According to the complaint, Witherspoon had previously engaged in inappropriate conduct toward K.W., including hugging her without permission and grabbing her buttocks while they were working together. The lawsuit alleges Krispy Kreme either knew—or should have known—about the behavior and failed to investigate, intervene, or protect her before the situation escalated into a sexual assault.
“Krispy Kreme did not merely employ Plaintiff,” the lawsuit states. “Krispy Kreme affirmatively recognized Plaintiff’s unique vulnerabilities arising from her developmental disability, undertook to provide her with additional workplace supervision and protection, and then failed to provide those very protections on the day Plaintiff was sexually assaulted.”
The lawsuit names Krispy Kreme Doughnut Corp., Witherspoon, employee Janae Cook, and an unidentified Jane Doe as defendants.
In addition to the sexual assault allegations against Witherspoon, the lawsuit accuses Krispy Kreme of negligent hiring, negligent supervision, negligent retention, negligent training, disability discrimination, failure to provide reasonable accommodations, and disability-based harassment under Michigan’s Elliott-Larsen Civil Rights Act.
The complaint further alleges that K.W. was only supposed to work when one of her assigned workplace advocates was present. On the day of the assault, however, one of those designated supervisors was not scheduled to work, and no replacement was assigned.
“As a direct result,” the lawsuit states, K.W. “was left without the supervision, guidance, advocacy, and protection” that Krispy Kreme itself had previously determined was necessary.
The lawsuit seeks damages in excess of $25,000, along with attorney fees, court costs, interest, and any additional relief the court considers appropriate.
The allegations contained in the lawsuit have not yet been proven in court, and Krispy Kreme has not yet filed a formal response to the complaint.
