A black American man claims in a federal discrimination lawsuit that a white worker at a Pennsylvania Burger King spat on his food while a co-worker tried to obscure his view.

A spokeswoman for Burger King’s Miami headquarters did not immediately respond to questions about the lawsuit, filed on Tuesday in US District Court in Erie.

Glenn Goodwin, of Cleveland, says the worker spat in his food in November 2008 at a restaurant in Fairview.

The lawsuit contends police found saliva in Goodwin’s food. His lawyer, Jeff Yelsky, won’t say whether criminal charges resulted.

Yelsky says the Burger King workers, who are not identified in the lawsuit, are both white.

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