UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
PORPIGLIA FARMS, INC. ,
Defendant. --------------------------------------------------------------- x

COMPLAINT AND JURY TRIAL DEMAND

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 discrimination on the basis of race, Black, and/or national origin, Jamaican, and to make whole Rowan Morgan, Mitchell Murry, Evron Clarke and other similarly situated workers (hereinafter "the claimants"), who were adversely affected by such unlawful practices. Plaintiff Equal Employment Opportunity Commission (hereinafter "EEOC" or "the Commission") alleges that Defendant, Porpiglia Farms, Inc., harassed the claimants on the basis of their race, Black, and/or their national origin, Jamaican. Defendant also charged the claimants rent in a discriminatory manner. These allegations will be described in greater detail in paragraph seven below.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1)("Title VII") and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a.

2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Northern District of New York.
PARTIES 3. EEOC is an agency ofthe United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1), 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, Defendant has continuously been a corporation under the laws of New York, doing business in New York, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),(g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Rowan Morgan, Mitchell Murray, and Evron Clarke, former employees of Defendant, filed charges of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Defendant engaged in unlawful employment practices by discriminating against the claimants as to their terms, conditions and privileges of employment in violation of Section 703 of Title VII, 42 U.S.c. § 2000e-2, as detailed below:
a. Beginning in August 2003 and continuing until March 2004, the claimants had $35.00 deducted each week from their wages for rent. Other non-Black non-Jamaican employees, although provided with housing, were not charged rent during this period.
b. Beginning in August 2003 and continuing throughout their employment, the 2

claimants were subjected to harassment based on their race, Black, and/or national origin, Jamaican. The harassment includes, but is not limited to, the packing shed supervisor frequently calling the claimants "Jamaican pigs", "boys", "cocksuckers" and "Diggers". Other employees, who were not Black or Jamaican, were not subjected to this harassment. 8. The effect of the practices complained of above in paragraph seven has been to deprive the claimants of equal employment opportunities, and otherwise adversely affect their status as employees because of their race, and/or national origin. 9. The unlawful employment practices complained of above in paragraph seven were intentional. 10. The unlawful employment practices complained of above in paragraph seven were done with malice and/or reckless indifference to the federally protected rights of the claimants.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in any practices which have the effect of discriminating against employees on the basis of race or national origin. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for all employees regardless of race and national origin, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole all those individuals affected by the unlawful employment practices described above in paragraph seven, by providing appropriate lost earnings from discriminatory deduction of rent, with prejudgment interest, in amounts to be
3

proved at trial, and other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices, including but not limited to rightful-place reinstatement ofthose affected individuals.
D. Order Defendant to make whole all those individuals affected by the unlawful discriminatory practices described above in paragraph seven, by providing compensation for their past and future pecuniary losses in amounts to be determined at trial, including but not limited to job search expenses, job training expenses, medical expenses, and loss of benefits in amounts to be determined at trial.
E. Order Defendant to make whole all those individuals affected by the unlawful discriminatory practices described above in paragraph seven, by providing compensation for their non-pecuniary losses, including emotional distress, pain and suffering, inconvenience, loss of enjoyment of life, fear, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay punitive damages for its malicious and/or reckless conduct, described in paragraph seven above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
4

JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
Dated: September 19, 2006 New York, New York
Respectfully submitted,
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington D.C. 20507
i1t ;·~~ JUu;h~
Elizabetlh Grossman
/ - Regional Attorney ~- ~.t -·n.vk (A, ...........- "
Lisa D. Sirkin 'al Attorney
rney District Office 33 tehall St., 5th floor New York, N.Y. 10004-2112 (212) 336-3698 (212) 336-3623 (facsimile)
5

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------)( EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

06-cv-1124 (GLSIDRH)

PORPIGLIA FARMS, INC. , Defendant.
------------------------------------------------------------ )(

CONSENT DECREE

This cause of action was initiated on September 20, 2006, by the Equal Employment Opportunity Commission (hereinafter "EEOC"), an agency of the United States Government, alleging that Defendant, Porpiglia Fanns, inc., (hereinafter "PORPIGLIA FARMS") violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 by discriminating against Rowan Morgan, Mitchell Murray, Evron Clarke and other similarly situated workers because of their race, black, and/or their national origin, Jamaican.
The parties agree that it is in their mutual interest to fully resolve the matter without further litigation.

EEOC and PORPIGLIA FARMS do hereby stipulate and consent to the entry ofthis Decree as final and binding between the parties signatory hereto and their successors or assigns.

This Decree resolves all matters raised in the Complaint filed herein. The parties have

--- ._--

agreed that this Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court.
In consideration ofthe mutual promises ofeach party to this Decree, the sufficiency ofwhich is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
This Decree resolves all of the issues raised by EEOC Charge Numbers 160-2004-02649; 160-2004-02867; 160-2004-02870 and the EEOC Complaint in this case. This Decree in no way affects the EEOC's right to process any pending or future charges that may be filed against PORPIGLIA FARMS in accordance with standard EEOC procedures, and to commence civil actions on any such charges.
I. The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met.
2. No party shall contest the jurisdiction of the federal court to enforce this
Decree and its tenns or the right ofany party to bring an enforcement suit upon breach ofany ofthe
tenns ofthis Decree by any other party. Breach ofany term ofthis Decree should be deemed to be a
substantive breach ofthis Decree. Nothing in this Decree shall be construed to preclude EEOC from bringing proceedings to enforce this Decree in the event that PORPIGLIA FARMS fails to perform
any of the promises and representations contained herein. 2
)

3. PORPIGLIA FARMS will provide a four (4) hour legal compliance training on laws regarding equal employment opportunity, for all supervisory employees, to be conducted by McGuiness Norris and Williams. A summary of topics encompassed by the training is attached as Exhibit A hereto. PORPIGLIA FARMS will complete this training within two (2) months of the date of entry of this Decree, and will forward to EEOC a detailed agenda of the material presented and a copy ofthe attendance sheet(s) within ten (10) business days of the completion of the training program.

4. Within ten (10) business days of the entry of this Decree, PORPIGLIA FARMS will post the Notice ofnon-discrimination where employee notices are posted, attached as ExhibitB. This notice shall remain posted for the duration of this Decree.

5. PORPIGLIA FARMS will adopt and maintain the non-discrimination policy attached as Exhibit C.

6. PORPIGLIA FARMS agrees to pay $1 00,000 in compensatory damages to the individuals listed

below according to the following schedule:

Shane Irving Mitchell Murray Rowan Morgan Evron Clarke
Courtney Henry

$12,500.00 $12,500.00 $12,500.00 $12,500.00 $11,207.00

30 Days after Decree is entered 30 Days after Decree is entered 30 Days after Decree is entered 30 Days after Decree is entered February 28, 2007

3

- - - - - - - ~--

Anthony Bradford

$ 862.00

February 28, 2007

Jervis Ramsey

$11,207.00

February 28,2007

Kevin Lee

$ 5,603.00

February 28, 2007

Clavell Cowie

$11,207.00

February 28, 2007

Albert Bailey

$ 9,914.00

February 28, 2007

The payments are to be made by check to the employee by mail to address provided by

EEOC. PORPIGLIA FARMS will forward EEOC a copy of the check at the same time the checks are

sent.

7 . PORPIGLIA FARMS and its officers, managers, successors, assigns or agents .are enjoined from discriminating against employees on the basis ofNational Origin or race, black, and from retaliating against any individual who has participated or assisted in any way in the investigation or litigation of this matter, or for asserting his or her rights under Title VII.

8. Each party shall bear its own attorney fees and costs incurred in this action.

9. The Decree, being entered with the consent of the EEOC and PORPIGLIA FARMS, shall not constitute an adjudication or rmding on the merits ofthe case and shall not be constrned as an admission of liability by PORPIGLIA FARMS.

10. The parties agree to permit the Workers' Rights Law Center of New York, Inc. to intervene in this action on behalf of Rowan Morgan, Mitchell Murry, Bvron Clarke, and Shane SI. Earle Irving for the limited purpose of being parties to this Consent Decree.
4

11. This Decree constitutes the complete understanding among the parties. No other promises or agreements shall be binding unless agreed to in writing and signed by these parties.
12. This Decree will remain in effect for four (4) years from the date of entry.

Dated:

1?-/ ,,-,,,fOG,
New Yoh:, NY

Dated:
/~- '7-0 G
Dated:
,s -r2.(k«

Regional Attorney
FORPLMNT~EQUALEMPLOYMENT
OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, SOh Floor New York, New York 10004 212-336-3696
SO ORDERED
:eYeSL. sht~
U.S.D.I.
5

- - - - - - ----~

~

EXHIBIT A

Topjcs for Pomig!!a Farms' Lega! Compli.nee Training
I. Explanation of prohibited discrimination under Title VII ofthe Civil Rights Act of 1964, as amended, including race, national origin, color, sex and religion (60 minutes);
2. Explanation of disparate treatment and adverse impact discrimination related to hiring, compensation, promotion, discharge or other terms, conditions or privileges of employment (60 minutes);
3. Explanation of the concepts of harassment and retaliation, as prohibited under Title VII (60 minutes);
4. Explanation oflegitimate nondiscriminatory business practices (35 minutes); and
5. Explanation of employer record-keeping requirements (25 minutes).

EXHffiITB

NOTICE TO AI J. EMPLOYEES
POSTED PURSUANT TO A CONSENT DECREE
This NOTICE is being posted pursuant to a Consent Decree between Porpiglia Farms, Inc., and the Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission'') in the case Equal Employment Opportunity Commission v. Porpiglia F81IIls. Inc 06-cv-1124 (GLSIDRH)
I. Federal law, Title VII of the Civil Rights Act of 1964, as amended, requires that there be no discrimination against any employee because of that person's sex, race, color, religion or national origin with respect to hiring, compensation, promotion, discharge or other terms, conditions or privileges of employment.
2. Porpiglia agrees that all its employment practices and all terms, conditions or privileges of employment shall be maintained and conducted in a manner which does not discriminate on the basis ofrace Or national origin in violation of Title
vn.
3. Porpiglia agrees that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under Title VII, as amended, or because ofthe filing of a charge; giving oftestimony or assistance or participating in any manner in an investigation, proceeding or . hearing under Title VII.
4. Employees also have a right to report violation to:
U.S. E.E.O.C. 33 Whitehall St New York, New York 10004 800-669-4000
5. This notice shall remain posted fur the duration of the Consent Decree fur four years, until. ,and shall not be altered or removed until that time.
SIGNED"" f} n",r p. ~

EXHIBITC

EOUAL EMPLOYMENT OPPORTUNITY POlley
Porpiglia Farms is firmly committed to a continuing effort to provide equal opportunity to all individuals in our work force. It is our policy to comply with both the letter and spirit of all applicable laws and regulations and to ensure our policies and practices are free of unlawful discriminatory effect. Management, supervisory personnel and all employees at allleveIs will be held fully accountable for adherence to this policy.
This policy encompasses recruiting, training, compensation, fringe benefits, promotions, transfers, layoffs, recalls and all on-the-job treatment of employees, discipline and social, educational and recreational programs sponsored by Porpiglia Farms. It requires the full and effective utilization of all qualified persons and prohibits discrimination on the basis of race, color, religion, sexual orientation, national origin, sex, age, disability, veteran status, citizenship, impending citizenship and other legally protected classifications.
Employees are encouraged to resolve any problems through discussions with management. Management will ensure objective and impartial resolution of problems within regular procedural and contractual parameters.
Porpiglia Farms adheres to a policy of equal opportunity in all employment actions and in every phase of business activity. In order to ensure that this policy is fully adhered to, equal opportunity is afforded to all employees and applicants, regardless of race, color, religion, sexual orientation, national origin, sex, age, physical or mental disability, or Vietnam era veteran or special disabled veteran status or other legally protected classifications.
It is the policy of Porpiglia Farms to maintain a working environment free from unlawful discriminatory insult, intimidation or harassment due to race, color, sexual orientation, religion, sex, national origin, age, disability or veteran status or other legally protected classifications. Any incident of discriminatory insult, intimidation or harassment in any form must be promptly reported to the immediate supervisor or any manager for investigation and corrective action as appropriate.
Porpiglia Farms will not retaliate or discriminate against any employee or applicant because he or she has opposed an employment practice or filed, in good faith, an investigative proceeding or hearing related to personnel practices.

 
 CM/ECF LIVE - U.S. District Court - NYND - Docket Report

https://ecf.nynd.uscourts.gov/cgi-bin/DktRpt.pl?683180912408781-L_3...

ADR, CLOSED
U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.0.3] (Albany)
CIVIL DOCKET FOR CASE #: 1:06-cv-01124-GLS-DRH

Equal Employment Opportunity Commission v. Porpiglia Farms, Date Filed: 09/20/2006

Inc.

Date Terminated: 12/20/2006

Assigned to: Judge Gary L. Sharpe

Jury Demand: Plaintiff

Referred to: Magistrate Judge David R. Homer

Nature of Suit: 442 Civil Rights: Jobs

Cause: 42:2000e Job Discrimination (Employment)

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Grossman Equal Employment Opportunity Commission - NY 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3696 Fax: 212-336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Graziano Equal Employment Opportunity Commission - NY 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3698 Fax: 212-336-3623 Email: louis.graziano@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Porpiglia Farms, Inc.

Date Filed 09/20/2006

#

Docket Text

1 COMPLAINT against Porpiglia Farms, Inc. filed by Equal Employment Opportunity Commission. (Attachments: # 1 Letter from EEOC)(ban) (Entered:

1 of 2

5/3/2007 2:28 PM

CM/ECF LIVE - U.S. District Court - NYND - Docket Report

https://ecf.nynd.uscourts.gov/cgi-bin/DktRpt.pl?683180912408781-L_3...

09/20/2006 09/20/2006 10/18/2006 12/20/2006

09/20/2006)
Summons Issued as to Porpiglia Farms, Inc. (Attn Anthony J. Porpiglia). (ban) (Entered: 09/20/2006)
2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/24/2006 10:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 1/17/2006. (ban) (Entered: 09/20/2006)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Porpiglia Farms, Inc. waiver sent on 10/12/2006, answer due 12/11/2006. (Graziano, Louis) (Entered: 10/18/2006)
4 CONSENT DECREE. Signed by Judge Gary L. Sharpe on 12/20/2006. (jel, ) (Entered: 12/20/2006)

PACER Service Center

Transaction Receipt

PACER Login:
Description:
Billable Pages:

05/03/2007 15:28:54

hs0328

Client Code:

nniles

Docket Report

Search Criteria:

1:06-cv-01124-GLS-DRH

1

Cost:

0.08

2 of 2

5/3/2007 2:28 PM