Case 2:03-cv-00570-JES-DNF Document 1

Filed 09/30/2003
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Page 1 of 7
Filed

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

DmTED STATES EQUALENWLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

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v.

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SIX L'S PACKING CO., INC., and

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PRODUCE, INC.

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Defendants.

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___________________________________1

CIVIL ACTION NO.:
JO:-:~~ E. STEELE
U~~lT[D STATE:':> DISTR:CT JUDGE
CONWLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT
DOUGLAS N. FRAZIER U.s. MAGISTRATE JUDGe

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis ofsex and retaliation, and

to provide appropriate relief to Myriam Seide, Marie Francois and Elaine Francis who were

adversely affected by such practices. As stated with greater particUlarity in paragraph 9 below, the

United States Equal Employment Opportunity Commission alleges that Ms. Seide, Ms. Francois and

Ms. Francis were subjected to unlawful sexual harassment at Defendants' place of business in

Immokalee, Florida, by their immediate supervisors Jean Magloire and Estill "Steve" Raymond.

The conduct was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive

work environment and, in the case ofMs. Seide, resulted in a tangible adverse employment action.

The Commission further alleges that Ms. Seide was retaliated against by being terminated for

complaining about the harassment and/or for rejecting her supervisor's sexually offensive conduct.

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JURISDICTION AND VENUE 1. JurisdictionofthisCourtisinvokedpursuantt028U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Six L's Packing Co., Inc. ("Six L's"), has continuously been a Florida corporation doing business in the State of Florida and the City of Immokalee, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Produce, Inc. ("Produce"), has continuously been a Florida corporation doing business in the State of Florida and the City of Immokalee, and has continuously had at least 15 employees. 6. At all relevant times, Defendant Six L's has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

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7. At all relevant times, Defendant Produce has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Myriam Seide, Marie Francois and Elaine Francis each filed a charge with the Commission alleging violations of Title VII by Defendant Employers. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least January, 2000, Defendants Six L's and Produce (collectively "Employers") have engaged in unlawful employment practices at their Immokalee, Florida, facility, in violation of Section 703(a)(I) and 704(a) of Title VII, 42 U.S.c. § 2000e-2(a) and 2000e-3(a).
a) Myriam Seide was regularly subjected to sexual harassment by her supervisor/manager, Jean Magloire, in the form of unwelcome verbal comments and conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment, and which resulted in a tangible adverse employment action. The harassment included, but was not limited to, repeated requests for sex and/or sexual favors.
b) Defendant Employers are liable for the unlawful sexual harassment to which they SUbjected Ms. Seide during her employment.
c) Marie Francois was regularly subjected to sexual harassment by her supervisor/manager, Estill "Steve" Raymond, in the form of unwelcome physical and verbal conduct ofa sexual nature which was sufficiently severe
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and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, touching, grabbing and kissing. d) Defendant Employers are liable for the unlawful sexual harassment to which they subjected Ms. Francois during her employment. e) Elaine Francis was regularly subjected to sexual harassment by her supervisor/manager, Estill "Steve" Raymond, in the form of unwelcome physical and verbal conduct ofa sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. The harassment included, but was not limited to, touching, grabbing and sexually vulgar comments such as "you have a big pussy". f) Defendant Employers are liable for the unlawful sexual harassment to which they subjected Ms. Francis during her employment. g) Defendant Employers unlawfully retaliated against Ms. Seide for complaining about andlor rejecting her supervisor's sexually offensive conduct. Specifically, Defendant Employers retaliated against Ms. Seide by terminating her employment after she complained about her supervisor's inappropriate sexual conduct directly in front of her supervisor, and refused his requests for sex andlor sexual favors.
10. The effect of the conduct complained ofin paragraph 9 above has been to deprive Ms. Seide, Ms. Francois and Ms. Francis of equal employment opportunities and otherwise
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adversely affect their status as employees on the basis of sex and retaliation. 11. The unlawful employment practices complained of in paragraph 9 above were
intentional. 12. The unlawful employment practices complained of in paragraph 9 above were
done with malice or with reckless indifference to the federally protected rights of Ms. Seide, Ms. Francois and Ms. Francis.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a pennanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in unlawful retaliation, sexual harassment, or any other employment practice which discriminates on the basis of sex or retaliation. B. Order Defendant Employers to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless ofsex, or having engaged in a protected activity, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employers to make whole Ms. Seide by providing appropriate back pay with prejudgment interest, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to, reinstatement, rightful place promotion, job search expenses and/or front pay. D. Order Defendant Employers to make whole Ms. Seide, Ms. Francois and Ms. Francis by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9 through 12 above including, but not limited to,
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Case 2:03-cv-00570-JE)S-DNF Document 1

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medical expenses and out of pocket losses, in amounts to be detennined at trial. E. Order Defendant Employers to make whole Ms. Seide, Ms. Francois and Ms. Francis
by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 9 through 12 above including, but not limited to, emotional pain, suffering, humiliation, inconvenience, loss of enjoyment oflife, in amounts to be detennined at trial.
F. Order Defendant Employers to pay Ms. Seide, Ms. Francois and Ms. Francis punitive damages for its malicious and reckless conduct described in paragraphs 9 through 12 above, in amounts to be detennined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully Submitted, ERIC DREIBAND General Counsel JAMES LEE Deputy General Counsel GWENDOLYN y. REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney

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Case 2:03-cv-00570-JE)S-DNF Document 1 Filed 09/30/2003 Page 7 of 7
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MICHAEL FARRELL,'ESQ.
Florida Bar No. 0053228 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION One Biscayne Tower, Suite 2700 Two South Biscayne Boulevard Miami, FL 33131-1805 Tel.: (305) 530-6004; Fax: (305) 536-4494

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 Case 2:03-cv-00570-JES-DNF Document 17 Filed 01/26/2004

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IN THE UNITED STATES DISTRIar:'COUlt'I"'"'\

FOR THE MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

Page 1 of 8

MYRIAM SEIDE, MARIE FRANCOIS and ELAINE FRANCIS
Plaintiffs,
v.

2004 JAN 23 PH 2: 21

C1.J...

, : " :.,! ~,(iUi:T

MlOilLi:.. itl:) :rl.i.· _,i- FLO~IOA

fT. HYERS. fLORtlA

CASE NO.: 03-CV-570-FTM-29DNF

FIL£.D
'. oY JAN 210 PM Z~SS

SIX L'S PACKING CO., INC. and PRODUCE, INC.

Defendants.

COMPLAINT AND JURY TRIAL DEMAND WITH INJUNCTIVE RELIEF SOUGHT

Plaintiffs, MYRIAM SEIDE, MARIE FRANCIS and ELAINE FRANCIS, by and through the undersigned counsel, sues Defendant, SIX L'S PACKING COMPANY, INC. and PRODUCE, INC., Florida Corporations (hereinafter "Defendants"), and states the following:
INTRODCTION 1. This is an action seeking declaratory, injunctive and equitable relief, compensatory and punitive damages, attorney's fees and costs, under Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991 and the Florida Civil Rights Act of 1992, to correct unlawful employment practices on the basis of sexual harassment and retaliation, and to provide appropriate relief to Myriam Seide, Marie Francois and Elaine Francis who were adversely affected by such practices. 2. As stated with greater particularity in paragraph 13 below, the Plaintiffs allege that Ms. Seide, Ms. Francois and Ms. Francis were subjected to unlawful sexual harassment at

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Case 2:03-cv-00570-JES-DNF Document 17 Filed 01/26/2004 Page 2 of 8 Defendant's place of bUSllss in Immokalee, Florida, by their Ilmediate supervisors Jean Magloire and Estill "Steve" Raymond.
3. The conduct was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment and, in the case of Ms. Seide, resulted in a tangible adverse employment action.
4. The Plaintiffs further allege that Ms. Seide was retaliated against by being terminated for complaining about the harassment and/or for rejecting her supervisor's sexually offensive conduct.
JURISDICTION AND VENUE 5. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 412, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000(e)(f)(1) and (3) (Title VII) and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A. 6. Venue is proper in this Court pursuant to 28 U.S.C. §1391, and Local Rule 1.02. The employment practices, events or omissions alleged to be unlawful and giving rise to this claim occurred and were committed within the jurisdiction of the United States District Court for the Middle District of Florida, which is in this Court's judicial district, Fort Myers, District.
PARTIES 7. Plaintiff's, Myriam Seide, Marie Francois and Elaine Francis are expressly authorized under the constitution to bring this action by Section 706(f)(1) and (3) of Title VII, 42
U.S.C. § 2000e-5(f)(1) and (3). 8. At all relevant times, Defendant, Six L's Packing Co., Inc. ("Six L's"), has
continuously been a Florida corporation doing business in the state of Florida and the City of Immokalee, and has continuously had at least 15 employees.
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9. At all relevant times, Defendant, Produce, Inc. ("Produce"), has continuously

been a Florida corporation doing business in the State of Florida and the City of Immokalee, and

has continuously had at least 15 employees.

10. At all relevant times, Defendant Six L's has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).

11. At all relevant times, Defendant, Produce, has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of

Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

CONDITION PRECEDENT

12. More than thirty (30) days prior to the institution of this lawsuit, Myriam Seide,

Marie Francois and Elaine Francis each filed a charge with the Equal Employment Opportunity

Commission alleging violation of Title VII by Defendant Employers. All conditions precedent

to the institution of this lawsuit have been fulfilled.

COUNT I

VIOLATIONS OF TITLE VII, 42 U.S.c. § 2000e-2(a)(1)

13. Since at least January, 2000, Defendants Six L's and Produce (collectively

"Employers") have engaged in unlawful employment practices at their Immokalee, Florida

facility, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. §2000e2(a) and

2000e-3(a).

(a) Myriam Seide was regularly subjected to sexual harassment by her

supervisor/manager, Jean Magloire, in the form of unwelcome verbal comments and

conduct of a sexual nature which was sufficiently severe and persuasive to constitute an

intimidating, hostile and offensive work environment, and which resulted in a tangible

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adverse employment actIOn. The harassment included, but was not limited to, repeated

requests for sex and/or sexual favors.

(b) Defendant Employers are liable for the unlawful sexual harassment to which they

subjected Ms. Seide during her employment.

(c) Marie Francois was regularly subjected to sexual harassment by her

supervisor/manager, Estill "Steve" Raymond, in the form of unwelcome physical and

verbal conduct of a sexual nature which was sufficiently severe and persuasive to

constitute an intimidating, hostile and offensive work environment. The harassment

included, but was not limited to, touching, grabbing and kissing.

(d) Defendant Employers are liable for the unlawful sexual harassment to which they

subjected Ms. Francois during her employment.

(e) Elaine Francis was regularly subjected to sexual harassment by her

supervisor/manager, Estill "Steve" Raymond, in the form of unwelcome physical and

verbal conduct of a sexual nature which was sufficiently severe and persuasive to

constitute an intimidating, hostile and offensive work environment. The harassment

included, but was not limited to, touching, grabbing and vulgar comments such as "you

have a big pussy."

(f) Defendant Employers are liable for the unlawful sexual harassment to which they

subjected Ms. Francis during her employment.

(g) Defendant Employers unlawfully retaliated against Ms. Seide for complaining

about and/or rejecting her supervisor's sexually offensive conduct. Specifically,

Defendant employers retaliated against Ms. Seide by terminating her employment after

she complained about her supervisor's inappropriate sexual conduct directly in front of

her supervisor, and refused his requests for sex and/or sexual favors.

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14. The effect of the conduct complained of in paragraph 13 above has been to

deprive Ms. Seide, Ms. Francois and Ms. Francis of equal employment opportunities and

otherwise adversely affect their status as employees on the basis of sex and retaliation.

15. The unlawful employment practices complained of in paragraph 13 above were

intentional.

16. The unlawful employment practices complained of in paragraph 13 above were

done with malice or with reckless indifference to the federally protected right of Ms. Seide, Ms.

Francois, and Ms. Francis.

COUNT II

VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT

17. Plaintiffs incorporate and reallege paragraphs one through twelve herein.

18. Defendants, their agents and/or employees, conducted unlawful employment

practices of sexual discrimination against Plaintiffs with regard to the terms, conditions and

privileges of employment in violation of the Florida Civil Rights Act of 1992, Fla. Stat. §760.01

et seq., (Supp. 1992).

19. Defendants' actions, by and through its agents and employees, constitute unlawful

employment practices and a violation of the Florida Civil Rights Act.

20. Defendants, its agents and employees, engaged in such discriminatory acts and do

not enjoy the safe harbor provisions of Fla. Stat. §760.10 (8)(a).

21. As a direct and proximate result of said acts, Plaintiffs have suffered and continue

to suffer loss of wages and other compensation, loss of employment opportunities, physical pain

and suffering, emotional pain and suffering, mental anguish, distress, humiliation, great expense,

embarrassment, loss of dignity, damage to all three Plaintiffs reputation, and loss of the

enjoyment of life.

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PRAYER FOR RELIEF

WHEREFORE, the Plaintiffs, Myriam Seide, Marie Francois and Elaine Francis

demand judgment against the Defendants and respectfully pray to this Court for:

a) A declaratory Order that the conduct engaged in by Defendants was in violation

of the Plaintiffs' rights;

b) An Order requiring Defendants to reinstate Ms. Seide to a position of equal

compensation, terms, conditions, and privileges of employment, as Ms. Seide would have

received "but for" the aforementioned sexual discrimination and unlawful employment practices

and retaliatory conduct;

c) An award for damages for all employment benefits Ms. Seide would have

received "but for" the aforementioned discriminatory and retaliatory conduct;

d) An Order against Defendant Employers to make whole Ms. Seide by providing

appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other

affirmative relief necessary to eradicate the effects of its unlawful employment practices,

including but not limited to, reinstatement, rightful place promotion, job search expenses and/or

front pay.

e) An Order against Defendant Employers to make whole Ms. Seide, Ms. Francois

and Ms. Francis by providing compensation for past and future pecuniary losses resulting from

thc unlawful employment practices described in paragraphs 13 through 16 above, including but

not limited to, medical expenses and "out of pocket" loses, in amounts to be determined at trial.

f) An Order against Defendant Employers to make whole Ms. Seide, Ms. Francois

and Ms. Francis by providing compensation for past and future pecuniary losses resulting from

the unlawful employment practices described in paragraphs 13 through 16 above, including but

not limited to, pain, emotional suffering, mental anguish, distress, humiliation, great expense and

inconvenience, loss of dignity, damage to reputation, loss of enjoyment of life, and other non-

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pecuniary losses, pursuant to the Florida Civil Rights Act of 1992, §760.01 and the Civil Rights

Act of 1991,42 U.S.C. § 1981(a), in amounts to be detennined at trial.

g) An Order against Defendant Employers to pay Ms. Seide, Ms. Francois and Ms.

Francis punitive damages for engaging in the aforementioned sexual discriminatory and

retaliatory practices with malice and reckless indifference to the Plaintiffs protected rights, in

amounts to be detennined at trial.

h) A pennanent injunction enjoining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with them, from engaging in unlawful

retaliation, sexual harassment, or any other employment practice which discriminates on the

basis of sex or retaliation.

i) An Order against Defendant Employers to institute and carry out policies,

practices, and programs which provide equal employment opportunities for all its employees,

regardless of sex, or having engaged in a protected activity, and which eradicate the effects of its

past unlawful employment practices.

j) Judgment representing prejudgment and post-judgment interest;

k) An award of attorneys fees and costs, including litigation expenses and costs

pursuant to Title VII and the Civil Rights Act of 1991, as amended; and

j) Grant such other relief as the Court deems necessary and proper in the public

interest.

JURY TRIAL DEMAND

The Plaintiffs, MYRIAM SEIDE, MARIE FRANCOIS and ELAINE FRANCIS, request

a jury trial on all issues triable by ajury.

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Respectfully Submitted,

Victor M. Arias, Esquire Attorney for Plaintiff's ARIAS LAW FIRM, P.A. 3013 Del Prado Boulevard, Suite 2 Cape Coral, Florida 33904 Telephone: (239) 945-2121 Facsimile: (239) 945-7177 Fla. Bar. No.: 0879096

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing had been furnished by
regular U.S. Mail on this 22nd day of January, 2004, to:
John F. Potanovic, Esquire Attorney for Defendants Post Office Box 280 Fort Myers, Florida, 33902-0280
Cheryl Cooper, Esquire Pamela Pride-Chaves, Esquire Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 South Biscayne Boulevard, Suite 2700 Miami, Florida 33131

 
 Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 1 of 18

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DNISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PRODUCE INC., and SIX L'S PACKING COMPANY, INC.,
Defendants.

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CNIL ACTION NO.:

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2:03-cv-570-FtM-29DNF

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CONSENT DECREE 1. This Consent Decree is entered into by and between Plaintiff, the United States Equal
Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), Plaintiff-Intervenors, Myriam Seide (hereinafter referred to as "Ms. Seide"), Marie Francois (hereinafter referred to as "Ms. Francois") and Elaine Francis (hereinafter referred to as "Ms. Francis") (hereinafter referred to collectively as "Plaintiff-Intervenors") and the Defendants, Produce, Inc., (hereinafterreferred to as "Produce") and Six L' s Packing Company, Inc. (hereinafter referred to as "Six L's Packing") (hereinafter referred to collectively as "Defendants"). The Commission, Plaintiff-Intervenors, and Defendants are collectively referred to as the "Parties". 2. The Commission filed this action on September 30, 2003 under Title Vll ofthe Civil Rights Act of 1964 ("Title Vll") and Title I of the Civil Rights Act of 1991 to correct unlawful employmentpractices on the basis of sex (female), and retaliation and to provide appropriate

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reliefto Myriam Seide, Marie Francois, and Elaine Francis who were adversely affected by such practices. 3. The court granted Plaintiff-Intervenors' Motion to Intervene in the above-styled case. Plaintiff-Intervenors' Complaint alleged that Defendants violated Title VTIof the Civil Rights Act of1964, 42 U.S.C.Secti0ti2OOO(e)c;,tseq.("TitleVTI"),Title I of the Civil Rights Act of 1991, and Florida Civil Rights Act (FCRA), Fla. Stat. §760.01 et seq. 4. In the interest of resolving this matter, to avoid the costs of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree. By entering into this Decree the Defendants make no admission of liability or wrongdoing, and specifically deny liability for the claims made and of any alleged wrongdoing. This Decree is final and binding upon the Parties, their successors and assigns. 5. The parties agreethat this Decree resolves all the claims against Defendants alleged in EEOC charge numbers 1500200074, 1500200075, 1500200076 and civil action number 2:03CV-570-FTM-29DNF. The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the charges referred to in this paragraph. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
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I. JURISDICTION 6. This court has jurisdiction of the subject matter of this action and over the Parties for the
purposes of entering and enforcing this Decree. 7. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its
terms or the right of the EEOC to brfugatlcmfofCementsuit upon alleged breach of any terms of this Decree.
II. GENERAL PROVISIONS AND INJUNCTIVE RELIEF 8. The Defendants, their officers, managers, employees, agents, partners and assigns, are
enjoined ITomengaging in any conduct which violates Title vn by adversely affecting the terms and conditions of any individual's employment because of their sex. 9. Defendants, their officers, managers, employees, agents, partners and assigns, shall not discriminate against any individual who oppOses any of Defendants' practices which the employee believes to be unlawful employment discrimination, who files a charge of discrimination with the EEOC alleging violations of the statutes the Commission enforces; who cooperates with the EEOC in investigation and lor prosecution of any charge of discrimination; or who cooperated in the investigation or who offered testimony or information in the above styled litigation which resulted in this Consent Decree.
III. DEVELOPMENT OF POLICES AND TRAINING 10. Defendants have established a written sexual harassment and retaliation policy which is
attached hereto as Exhibit A. A complete copy of this policy will be distributed to all their current employees at their facilities in the State of Florida within sixty (60) days of the entry of this Decree, or within thirty (30) days of start-up of any operation or facility which is
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inactive on the date of this Decree. Defendants further agree that all new employees will be provided a copy of the policy within two weeks of emploYment. 11. In order to further ensure the effective implementation of Defendants' anti-discrimination policies, Defendants will conduct a minimum of two (2) hours of annual training throughout the duration of this Decree for. all of their managers and supervisory personnel at their Immokalee, Florida facility, with specific emphasis on recognizing sexual harassment and acts that constitute unlawful retaliation and the proper procedure to be followed if they become aware of sexual harassment or retaliation in the workplace and/or if they receive a complaint of such harassment or retaliation for complaining about sexual harassment. Defendants agree to provide the EEOC with at least two (2) weeks notice before they conduct their training session(s), with the date(s) and location(s) of the training, the identification of any training materials to be used at the training session, and the name and job title of the employeeswho will be in attendance at the training. The training will be conducted by Susan Merris, John F. Potanovic, Esq., or Chery LYnnDratler or Charlotte Mack King of Resource Innovation, Inc., or any similarly qualified party approved by the EEOC. Additionally, Defendants agree that the EEOC may, at the EEOC's discretion, and with at least forty-eight (48) hours advance notice to Defendants, be in attendance at each training session(s). 12. Defendants agree that the initial training described herein shall be conducted in September 2004 and should thereafter take place annually in the same format for the duration of this Decree. Defendants further agree that the training described in paragraph 11 shall be given to all new managers and supervisors who did not attend the annual training within sixty (60) Qm of being placed in a management or supervisory position, and that the training may be
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via video recording of training previously provided by the Defendants pursuant to paragraph 11.
IV. POSTING 13. Defendants shall post a laminated 8x14 size copy of the notice attached hereto as Exhibit B
within ten (10) days of theent.erins oftbj. DeCtee. Said notice shall be posted in conspicuous locations accessible to all employees. ( Le. break room, employee bulletin board, cafeteria, above water fountains, etc.). This notice is to remain posted for the tenn of this Decree. Such policy shall be poStedin Spanish and/or Creole in addition to the English version.
V. REPORTING AND MONITORING 14. Defendants will retain all employment records relating in any way to any complaint made to
a supervisor, manager or human resource officer and to any investigationof sexual harassment or retaliation for complaining of sexual harassment. . The records are to be maintained at Defendants' Immokalee, Florida facility for the duration of this Decree and as required by federal law . 15. For the duration of this Decree, Defendants will provide the EEOC annually with the name, last known address and last known phone number of any person employed at Defendants' State of Florida locations who has complained to his or her Manager/Supervisor, Human ResourcesDepartment, or the President that he or she has been subjected to sexual
harassment or retaliation while working at Defendants' State of Florid a locations during the preceding year. Defendants will also state their actions taken in response to each such allegation. Prior to submitting this information, Defendants will provide each identified
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employee with the Acknowledgment Form attached hereto as Exhibit D. The first report shall be submitted no later than September 30, 2004. Defendants will provide upon request by the Commission (a) a copy of the complaint, or if no written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actionstaken; and (c) outcome regarding such complaint. 16. Defendant will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification will be due no later than September 30, 2004, and thereafter semi-annuallyon September 30th and March 31st throughout the duration of this consent Decree. 17. Defendants appoint Susan Merris, Hwnan Resources Director, who shall be responsible for coordinating Defendants' compliance with this Consent Decree and for providing reports to the EEOC. All reports and documents required to be delivered by Defendants to the EEOC pursuant to this Consent Decree shall be mailed to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, 1 Biscayne Tower Building Suite 2700, 2 South Biscayne Blvd, Miami, FL 33131.
VI. EXPUNGEMENT OF ENTRIES FROM PERSONNEL RECORDS 18. Defendants agree to remove from Myriam Seide's personnel file, the termination records
regarding Ms. Seide within ten (10) calendar days of the entry of this Decree. Defendants further agree to give Ms. Seide a positive letter of reference as set forth in Exhibit C, within ten (10) calendar days of the entry of this Decree.
6

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 7 of 18
VII. MONETARY RELIEF 19. Defendants shall pay a lump sum in the amount of two hundred and six thousand dollars
($206,000.00) in resolution of this litigation. The monies shall be distributed as set forth below: .
a. Sixty-eightthousandsixhun~siXty"seven dollars($68,667.00)shallbe
representative of cottlpensatory damages for Ms. Myriam Seide and attorney fees. Defendants shall issue the check in this amount to Myriam Seide and the Arias Law Firm, P.A. The check shall be mailed to the Arias Law Firm at 3013 Del Prado B01devard, Suite 2, Cape Coral, Florida 33904. Defendants may issue a 1099 to the A.riasLaw Firm, P.A. for this amount.
b. Sixty-eight thousand six hundred sixty-six dollars ($68,666.00) shall be
representative of compensatory damages .for Ms. Elaine Francis and attorney fees. Defendants shall isSUethe check in this amount to Elaine Francis and the Arias Law Firm, P.A. The check shall be mailed to the Arias Law Firm at 3013 Del Prado Boulevard, Suite2, Cape Coral, Florida 33904. Defendants may issue a 1099 to the Arias Law Firm, P.A. for this amount.
c. Sixty-eight thousand six hundred sixty-seven dollars ($68,667.00) shall be
representative of compensatory damages for Ms. Marie Francois and attorney fees. Defendants shall issue the check in this amount to Marie Francois and the Arias Law Firm, P.A. The check shall be mailed to the Arias Law Firm at 3013 Del Prado Boulevard, Suite 2, Cape Coral, Florida 33904. Defendants may issue a 1099 to the Arias Law Firm, P.A. for this amount.
7

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 8 of 18
d. All payments referenced in paragraphs 19a-c shall issue within twenty (20)
calendar days from the Court's execution of this Decree, by certified mail in the name of: "Ms. Myriam Seide and Victor M. Arias, P.A., her attorney", "Ms. Elaine Francis and Victor M. Arias, P.A., her attorney", "Ms. Marie
Francoisand VictQt~.MtS,P.A.., her attorney";and forwardedto Victor M. Arias, Esq., Arias LawFirm,P.A., 3013 Del Prado Boulevard, Suite 2, Cape Coral, Florida 33904. Copies shall be forwarded to the attention of Cheryl Cooper, Trial Attomey, U.S. Equal Employment Opportunity Commission, One Bi$cayneTower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131. 20. If Defendants fail to tender the above-mentioned payments as set forth in paragraph 19 above, then Defendants shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b)untilthe same is paid, and bear any additional costs incurred by the EEOC caused by the bOn-complianceof Defendants.
VIII. DISMISSAL 21. Within ten (10) days oftender of the payments set forth in paragraph 19, the parties shall file
a Notice of Dismissal of this action. Dismissal of this action will be without prejudice to the Commission's enforcement rights described herein.
IX. ENFORCEMENT 22. The Commission shall have independent authority to seek judicial enforcement of each
aspect, term, provision and attachment of this Decree. 23. The court will take whatever measures necessary to effectuate the terms of this Decree.
8

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 9 of 18
x. COSTS 24. Each party shall bear its own costs and attorneys' fees associated with this litigation from the
monetary relief provided in this Decree. XI. DURATION OF CONSENT DECREE
24. The duration of this Decree shall be three (3) years from the date of entry of the Decree.
SO ORDERED ADJUDGED AND DECREED, this _day of October 2004.
JOHN E. STEELE UNITED STATES DISTRICT JUDGE

AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: Delner Franklin-Thomas

Date:~'1

Regional Attorney

U.S. Equal Employment Opportunity Commission Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard Miami, Florida 33131

9

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 10 of 18

AGREED TO: FOR THE PLAINTIFF-INTERVENORS ELAINE FRANCIS, MARIE FRANCOIS and MYRIAM SEIDE

~ by:

.-, z.--

Victor M. Arias, Esquire

Arias Law Firm, P.A.

3013 Del Prado Boulevard, Suite 2

Cape Coral, Florida 33904

Date: / /)// ,-101

AGREED TO: FOR THE DEFENDANTS PRODUCE INC. and SIX L'S
~.;z,f~ . PACKINGCOMP~./~
by: Jo F. Potanovic, Esquire enderson, Franklin, Starnes & Holt, P.A. P.O. Box 280 Fort Myers, Florida 33902

Date: jt) .-/J --0'1

10

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 11 of 18

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 12 of 18

Policy Name: Effective Date:
Last Updated:

Harassment Policy 04/01/03
09/20/04

Purpose of Policv: It is the goal of the Company to promote a workplace that is free of discrimination and any form of harassment, based on race, color, religion, age, sex, national origin, disability or marital status, or other characteristic or category protected by law.
Summary: Harassment, including sexual harassment, of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated by this organization. Further, any retaliation against individuals for cooperating with an investigation of harassment, including sexual harassment, complaint is similarly unlawful and will not be tolerated.

Method: To achieve our goal of providing a workplace free from all harassment, including sexual harassment, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by employees. Because the Company takes allegations of harassment seriously, we will respond promptly to complaints of harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Procedure: Please note that while this policy sets our goals of promoting a workplace that is free of harassment, the policy is not designed to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the definitions included in this policy.
Sexual Harassment
One definition for sexual harassment is: "sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

(1) Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decision;
Or, (2) Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 13 of 18
Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increase benefits, or continued employment constitutes sexual harassment.
The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment.
While it is not possible to list all those additional circumstances that may constitute harassment, including sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:
1 Unwelcome or unwanted advances, including sexual advances 2 Unwelcome requests or demands for favors, including sexual favors 3 Subtle or blatant expectations, pressures or requests for any type of favor,
including a sexual favor (this includes unwelcome requests for dates.) 4 Verbal abuse that is oriented toward a prohibited form of harassment,
including that which is sex-oriented and considered unwelcome. 5 Any type of sexually-oriented conduct or other prohibited form of
harassment that would unreasonably interfere with our work performance 6 Creating a work environment that is intimidating, hostile, abusive or
offensive because of unwelcome or unwanted conversations, suggestions, requests or demands. This includes sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess; displaying sexually suggestive or otherwise offensive objects, pictures, cartoons; inquiries into one's sexual experiences; and, discussion of one's sexual activities. 7 Physical contacts or attentions including unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments whether sexually oriented or otherwise related to a prohibited forms of harassment.
All employees should take special note that, as stated above, retaliation against an individual who has complained about harassment, including sexual harassment, and retaliation against individuals for cooperating with an investigation of a harassment complaint is unlawful and will not be tolerated by this organization.
Complaints of Harassment

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 14 of 18

If any of our employees believes that he or she has been subjected to harassment or sexual harassment, the employee has the right to file a complaint with our organization. This may be done in writing or orally. If you would like to file a complaint you may do so by contacting your supervisor, your manager, or Human Resources. Human Resources is also available to discuss any concerns you may have and to provide information to you about our policy on harassment, including sexual harassment and our complaint process. Human Resources is located at the World Agriculture Building (formally the Sun Rich Building), 907
East Main Street Street, Immokalee, FL34142, 23Q.657-4421.
Harassment Investiaatlon
When we receive the complaint we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint and with the witnesses. We will also interview the person alleged to have committed harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.
If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose disciplinary action, up to and including termination.
I have read the above Harassment Policy and understand the contents of this policy.

Employee

Date

Witness

Date

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 15 of 18

EXHIBIT B

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO AN AGREEMENT BETWEEN THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND PRODUCE, INC. AND SIX L'S PACKING COMPANY, INC.

This notice is being posted pursuant to an Agreement between the Company and the EEOC, and entered by the Court in EEOC VS.~uce. ~c. ~4 Six L's Packing Company. Inc., Civil Action No. 2:03-CV-570-FtM-29DNF. Produ.ce,Inc.'s and Six L's Packing Company, Inc.'s policy prohibits discrimination against employees in violation of Title Vll of the Civil Rights Act of 1964 ("Title Vll"). Title Vll protects individuals from employment discrimination because of their race religion, color, national origin, or sex. Title vn also protects individuals from retaliation for having made a good-faith complaint ofan unlawful employmentpractice. Produce and Six L's Packingwill not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, sexual harassment.

Furthermore, Produce and Six L' s Packing, support Title Vll and will not take anyretaliatory action against an individual because he/she has made a good-faith exercise of his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC.

Appropriate corrective action, up to and includingtermination,based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Produce and Six L's Packing's policies prohibiting discrimination.

Employees or applicants for employment who have questions about their rights under Title

Vll or any other federal anti-discrimination law may telephone Produce and Six L's Packing's

Human Relations Department at

or the Miami District Office of the Equal

Employment Opportunity Commission at 1-800-669-4000.

Signedthis - day of

, 2004.

PRESIDENT/CEO, Produce, Inc.

PRESIDENT/CEO, Six L's Packing Company, Inc.

THIS NOTICE SHALL REMAIN POSTED AND

NOT REMOVED BEFORE,

2007.

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 16 of 18

o

~-"-<~--

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 17 of 18
Produce Ioc PO Box 3088 Immokalee, Fl 34143 239657-4421

September 24, 2004

To Whom It May Concern:

Myriam Seide, social security

has been employed by our company. She

worked as a seasonal Grader. She was employed 10/28/99 - 06/16/00, 11/09/00-

03/24/01, and 07/10/03 - 09117/03.Ms. Seide was a dependable employee.

If you have any questions, please feel free to give me a call.

Sincerely,

Susan Merris Human Resources Director

Case 2:03-cv-00570-JES-DNF Document 23 Filed 11/02/2004 Page 18 of 18
EXHIBIT D
NOTICE REGARDING MONITORING AGREEMENT WITH EEOC Produce, Inc. and Six Lis Packing Company, Inc. have entered into an agreement with the United Stated Equal Employment Opportunity Commission (EEOC). Part of the agreement provides that the companies will provide the EEOC with certain information concerning any sexual harassment or retaliation complaints received by the companies from any employee(s) during the term of the agreement. In addition, the name, address, and phone number of a complaining employee will be shared with the EEOC. Please sign below to acknowledge that you have been advised that this information will be provided to the EEOC.
Signature Print name: Date:

1-

~---~-

-_.~

~~

- --

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 1 of 6

CLOSED, DNF
U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:03-cv-00570-JES-DNF

U.S. Equal Employmen v. Six L's Packing Co., et al Assigned to: Judge John E. Steele Referred to: Magistrate Judge Douglas N. Frazier Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 12/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Cheryl A. Cooper Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/808-1853 Fax: 305/808-1835 Email: cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Dreiband Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Lee Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Farrell Jill S. Schwartz & Associates, PA

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 2 of 6

V. Defendant Six L's Packing Co., Inc.
Defendant Produce, Inc.

Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
represented by John F. Potanovic, Jr. Henderson, Franklin, Starnes & Holt, PA 1715 Monroe St PO Box 280 Fort Myers, FL 33902-0280 239/344-1118 Fax: 239/344-1200 Email: john.potanovic@henlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John F. Potanovic, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Elianne Francis
Intervenor Plaintiff Marie Francois
Intervenor Plaintiff Miriame Seide
V. Intervenor Defendant Six L's Packing Co., Inc.
Intervenor Defendant Produce, Inc.

represented by Victor M. Arias Law Office of Victor M. Arias, PA Suite 2 3013 Del Prado Blvd Cape Coral, FL 33904 239/945-2121 Fax: 239/945-7177 Email: varias@ariaslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Victor M. Arias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Victor M. Arias (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John F. Potanovic, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John F. Potanovic, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003
09/30/2003
10/01/2003

#

Docket Text

1 COMPLAINT filed; jury demand. (drn) (Entered: 09/30/2003)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (drn) (Entered: 09/30/2003)

SUMMONS(ES) issued for Six L's Packing Co. and Produce, Inc. (drn) (Entered: 09/30/2003)

2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (sll)

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10/01/2003 10/14/2003 10/14/2003 10/14/2003 11/17/2003 11/21/2003 11/21/2003
12/01/2003 12/02/2003
12/12/2003 12/12/2003 01/22/2004 01/23/2004
01/26/2004
01/26/2004
01/26/2004 02/06/2004

(Entered: 10/01/2003)
3 INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 10/01/2003)
4 NOTICE of filing by U.S. Equal Employmen (sll) (Entered: 10/14/2003)
5 NOTICE by U.S. Equal Employmen of pendency of other actions re: order of compliance to local rule (sll) (Entered: 10/14/2003)
6 CERTIFICATE OF COMPLIANCE by U.S. Equal Employmen Re: [3-1] order (sll) (Entered: 10/14/2003)
7 NOTICE of attorney appearance for U.S. Equal Employmen by Cheryl A. Cooper (sll) (Entered: 11/18/2003)
8 RETURN of service executed as to Produce, Inc. on 11/10/03 Answer due on 12/1/03 for Produce, Inc. (sll) (Entered: 11/24/2003)
9 RETURN of service executed as to Six L's Packing Co. on 11/10/03 Answer due on 12/1/03 for Six L's Packing Co. (sll) (Entered: 11/24/2003)
10 ANSWER and defenses to [1-1] complaint by Six L's Packing Co., Produce, Inc. (sll) (Entered: 12/02/2003)
11 INTERESTED PERSONS ORDER directing Six L's Packing Co., Inc., and Produce, Inc. shall file within 11 days from the date of this order. ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 12/02/2003)
12 NOTICE by Six L's Packing Co., Produce, Inc. of pendency of other actions re: order of compliance to local rule (sll) (Entered: 12/15/2003)
13 CERTIFICATE OF COMPLIANCE by Six L's Packing Co., Produce, Inc. Re: [11-1] order (sll) (Entered: 12/15/2003)
14 CASE MANAGEMENT REPORT (sll) (Entered: 01/23/2004)
15 MOTION with memorandum in support to intervene by Elianne Francis, Marie Francois, Miriame Seide referred to Magistrate Judge Douglas N. Frazier (sll) (Entered: 01/23/2004)
16 ORDER granting [15-1] motion to intervene by Elianne Francis, Marie Francois, Miriame Seide ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 01/27/2004)
17 INTERVENOR'S COMPLAINT by Elianne Francis, Marie Francois, Miriame Seide against Six L's Packing Co., Produce, Inc. (sll) (Entered: 01/27/2004)
17 DEMAND for jury trial by Elianne Francis, Marie Francois, Miriame Seide (sll) (Entered: 01/27/2004)
18 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 4/30/04 ; Discovery cutoff 12/10/04 ; dispositive motion filing deadline for 1/17/05 Pretrial statement due on or

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02/17/2004 04/28/2004 04/28/2004 05/27/2004 06/03/2004 11/02/2004 11/10/2004 11/29/2004 11/30/2004
11/30/2004 12/01/2004

before 3/14/05 ; Pretrial conference for 10:00 4/11/05 ; Jury trial set for 5/2/05 ; Scheduled for Judge John E. Steele ( signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 02/09/2004)
19 ANSWER and defenses by Six L's Packing Co., Produce, Inc. to [17-1] intervenor complaint (sll) (Entered: 02/18/2004)
20 NOTICE of mediation conference (sll) (Entered: 04/28/2004)
DEADLINE updated; setting mediation conference for 10:30 5/6/04 (sll) (Entered: 04/28/2004)
21 ORDER the parties shall advise the Court within 11 days as to the status of the mediation. (Signed by Magistrate Judge Douglas N. Frazier) ctc (drn) (Entered: 05/27/2004)
22 MEDIATION REPORT. Mediation conference held: 5/6/04. not specified, mediator. Hearing outcome: continued (sll) (Entered: 06/07/2004)
23 CONSENT DECREE by Elianne Francis, Marie Francois, Produce, Inc., Miriame Seide, Six L's Packing Co., Inc., United States Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 11/02/2004)
24 NOTICE of Hearing: Telephone Conference set for 11/29/2004 04:45 PM before Judge John E. Steele. (Chambers will initiate the call.)(LAG, ) (Entered: 11/10/2004)
27 Minute Entry for proceedings held before Judge John E. Steele : Telephone Conference held on 11/29/2004. Parties agreed to strike paragraph 21 of the Consent Decree. (lah, ) (Entered: 11/30/2004)
25 ORDER ADOPTING AND APPROVING CONSENT DECREE 23 filed by United States Equal Employment Opportunity Commission, Six L's Packing Co., Inc., Marie Francois, Produce, Inc., Elianne Francis, Miriame Seide. The Court shall retain jurisdiction over this matter for purposes of enforcement of the Consent Decree. The Consent Decree will be entered separately. The Clerk shall enter judgment adopting the Consent Decree by attaching a copy of the signed Consent Decree, with the Court retaining jurisdiction over its enforcement. The Clerk shall further terminate any remaining deadlines and motions, and close the file. Signed by Judge John E. Steele on 11/30/2004. (RKM) (Entered: 11/30/2004)
26 ENDORSED CONSENT DECREE. Signed by Judge John E. Steele on 11/30/2004. (RKM) (Entered: 11/30/2004)
28 JUDGMENT in favor of U.S. Equal Employment Opportunity Commission, Myriam Seide, Marie Francois and Elaine Francis (Signed by Deputy Clerk) (Attachments: # 1 Exhibit Consent Decree) (slu, ) (Entered: 12/02/2004)

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 6 of 6

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 EEOC LITIGATION SETTLEMENT REPORT - November 2004

Page 1 of 1

z EEOC v. Produce, Inc., and Six L's Packing Co. No. 2:03-cv-570-FtM-29DNF (M.D. Fla. November 30, 2004)
The Miami District Office filed this Title VII action alleging that defendants, national produce companies, subjected three female employees at its Immokalee, Florida vegetable grading and packing facility to a sexually hostile work environment through the offensive verbal and physical conduct of two supervisors. The complaint also alleged that one of the employees was discharged in retaliation for rejecting the sexual advances of her supervisor. Defendants' sexual harassment policy was written only in English even though its workforce was comprised largely of immigrants of Haitian or Hispanic descent who read little or no English; defendants circulated other workplace rules and regulations in Creole, Spanish, and English. The suit was resolved through a 3-year consent decree providing the three claimants with a total of $206,000 in monetary relief and the discharged claimant with a positive letter of reference. The decree enjoins defendants from adversely affecting the terms and conditions of any individual's employment because of sex and prohibits retaliation. The decree requires distribution at defendants' Florida locations of a harassment and retaliation policy (attached to the decree) and annual reporting on sexual harassment and retaliation complaints at the Florida locations.

http://www.eeoc.gov/litigation/settlements/settlement11-04.html

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 Office of General Counsel FY 2005 Annual Report

Page 1 of 1

In EEOC v. Produce, Inc., and Six L's Packing Co. (M.D. Fla. Nov. 30, 2004), EEOC alleged that a national produce company subjected three female employees at its Immokalee, Florida vegetable grading and packing facility to offensive verbal and physical conduct by two supervisors and discharged one worker for rejecting the sexual advances of her supervisor. The company's sexual harassment policy was written only in English even though its workforce was comprised largely of immigrants of Haitian or Hispanic origin who read little or no English. The company circulated other workplace rules and regulations in Creole, Spanish, and English. The suit was resolved through a consent decree providing a total of $206,000 to the three women and a positive letter of reference to the woman who was discharged. The decree enjoins sex discrimination and retaliation, and requires distribution of a harassment and retaliation policy and annual reporting on sexual harassment and retaliation complaints at the company's Florida locations.

http://www.eeoc.gov/litigation/05annrpt/index.html

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