Case details
Female farmworkers claimed supervisors sexually harassed them
SUMMARY
$1470000
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress
FACTS
In 2007, Rosa Mendez and several other female, Latino workers at in Zoria Farms’ Madera facility allegedly began to be sexually harassed by two supervisors. Mendez also claimed that when Z Foods bought Zoria Farms, one of the largest processors of dried fruits in the United States, it retaliated against those that complained by failing to rehire them. In 2013, the U.S. Equal Employment Opportunity Commission, acting on behalf of Mendez, the representative of a class of nine Latino farmworkers (both male and female), sued Fresno-based Z Foods Inc., doing business as Zoria Farms, and Zoria Farms Inc. The EEOC alleged that supervisors at the dried fruit processing company sexually harassed female, Latina farmworkers and then fired those who complained. It also alleged the female workers were subjected to unlawful employment discrimination based upon their sex in violation of Title VII of the Civil Rights Act of 1964. The EEOC claimed the charging party, Mendez, began to be sexually harassed by a dried fruit supervisor in Zoria Farms’ Madera facility in 2007. It alleged the harassment included, but was not limited to, hugging Mendez from behind, grabbing her buttocks, rubbing her arm, following her, telling her she was pretty, and making comments regarding her physical appearance. The EEOC also alleged that the supervisor offered Mendez a better position in exchange for sex. It claimed that the conduct was unwelcome by Mendez, who complained to Zoria Farms’ human resources manager, but that no corrective action was taken. The EEOC further alleged that two supervisors similarly subjected several other employees to unwelcome verbal comments and conduct of a sexual nature. It claimed that the supervisors told at least four other female employees that if they slept with them, they would get a better post. In addition, the EEOC claimed that both the female and male employees complained to human resources about the harassment on several different occasions, but that no action was taken to correct the unwanted conduct. The EEOC contended that in 2008, when Z Foods took over operations and ownership of the Madera facility, seven of the nine workers who complained about the supervisor’s conduct were not rehired allegedly due to their opposition to the supervisor. Counsel for Zoria Farms Inc. denied all of the EEOC’s allegations. Z Foods did not respond to the complaint., The charging parties, a class of 9 male and female Latino farmworkers, sought a permanent injunction enjoining Z Foods and Zoria Farms Inc. from engaging in sexual harassment, retaliation, and or any employment practice that discriminate on the basis of sex. They also sought lost pay and benefits related to their wrongful termination. In addition, they sought recovery of past and future damages for their alleged emotional distress due to the behavior of the supervisors.
COURT
United States District Court, Eastern District, Fresno, CA
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