• Case 5:03-cv-01117-RT-SGL

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Anna Y. Park, SBN 164242

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Cherry Marie Rojas, SBN 141482 SueJ. Noh, SBN 192134 Elizabeth Esparza-Cervantes, SBN 205412 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, 4th Floor Los Angeles, CA 90012 Telephone: (213) 894-1068 Facsimi,1..e: (21 ) 894-1301 LA ." al EEOC. ov
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Att~e~g:;f9r Plaintiff,
EQUAIBiMP YME T
OP~ :~ I MMISSION

12 Shai'h ~~aind
13 1125Camino Bel Mar, Suite D Del Mar, CA 92014
I~ Telephone: (858) 350-1660

15 Facsimile: (858) 350-1661

FILED
CLERK us DIS fRJCT COURT'

JUN 1 4 2005

CENTRAL fllSTRICT EAS IEfiN DIVISION

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16 Attorneys for Defendant, 17 Rivera Vineyards, Inc., et al.

18

UNITED STATES DISTRICT COURT

19

CENTRAL DISTRICT OF CALIFORNIA

20

21 EQUAL EMPLOYMENT .

)

OPPORTUNITY COMMISSION,

)

22

)

23

Plaintiff,

)

24

)

v.

)

25 ,

)

26 RIVERA VINEYARDS, INC. d/b/a

)

BLAS RIVERA VINEYARDS, et ai,

)

27

Defendants.

)

28 --------------------------)

Case No.: EDCV 03-01117 RT
(SG~
[P~08E1)I CONSENT
DECREE
Hon. Robert J. Timlin
. DOCKETED ON eM
JJN15m;

045
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I. INTRODUCTION

2

On September 05, 2003, Plaintiff U.S. Equal Employment Opportunity

3 Commission ("EEOC" or "Commission") filed a federal lawsuit against Rivera

4 Vineyards, et al., ("Defendants"), entitled EEOC v. Rivera Vineyards, Inc. d/b/a

5 Bias Rivera Vineyards; Linda Vineyards, Inc.; BR Company; and Oasis 6 Distributing; and Does 1-10 Inclusively, Case Number EDCV 03-01117 RT 7 (SGL), to correct unlawful employment practices. Specifically, the EEOC alleged

8 that Defendants subjected Virginia Mejia, Rosario Taylor, and other similarly

9 situated women to sexual harassment. The EEOC also alleged that Defendants

10 unlawfully subjected Ms. Mejia, Ms. Taylor, and other similar situated individuals

11 to retaliation for engaging in a protected activity of opposing the sexual harassment

12 by subjecting them to termination and/or for failing to recall them to work. The 13 EEOC further alleged that the Defendant subjected women to sex discrimination

14 by segregating and prohibiting women from working certain positions, such as

15 pruning, girdling, irrigation, and other positions. The Defendants deny all of the

16 accusations.

17

The EEOC and the Defendants hereby stipulate and agree to entry of this

18 Consent Decree ("Decree") to resolve the Commission's Complaint under Title

19 VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq.

20 ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a

21 on behalf of the aggrieved claimants identified above.

22

II. PURPOSES OF THIS DECREE

23 A. In the interest of resolving this matter, and as a result of having engaged in

24 comprehensive settlement negotiations, the EEOC, Rivera Vineyards, Inc., Linda

25 Vineyards, Inc., BR Company and Oasis Distributing, (hereinafter collectively

26 referred to as "the Parties") have agreed that this action should be'finally resolved

27 by entry of this Decree. This Decree shall be binding on and enforceable against

28

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1 all the parties, including Defendants and its officers, directors, agents, successors,

2 and assigns.

3 B. The Parties have entered into this Decree for the following purposes:

4

1. To provide appropriate monetary and injunctive relief;

5

2. To ensure that Defendants' employment practices comply with federal

6 law;

7

3. To ensure a work environment free from hostility due to their sex

8 (female);

9

4. To ensure training for Defendants' managers and employees with

10 respect to their obligations under Title VII;

11

5. To ensure that Defendants maintain a non segregated work force to

12 allow women the equal employment opportunities required under Title VII;

13

6; To ensure that employees are protected from retaliation for engaging

14 in a protected activity; and

15

7. To provide an appropriate and effective mechanism for handling

16 harassment, discrimination, and retaliation complaints in the workplace.

17

III. JURISDICTION

18

The Court has jurisdiction over the parties and the subject matter of this

19 lawsuit, pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, 1367 and 42 U.S.c.

20 2000e-5. The Court shall retain jurisdiction of this action during the duration of

21 this Decree for the purposes of entering all orders, judgments and decrees that may

22 be necessary to implement the terms and conditions specified herein.

23

The Plaintiff in this action is the U.S. Equal Employment Opportunity

24 Commission.

25

The Defendants who are bound to the jurisdiction of this Court and to the

26 terms and obligations of this Decree are as follows: Rivera Vineyards (a sole

27 proprietorship); Oasis Distributing (a sole proprietorship); BR Company (a sole

28 proprietorship); Indian Wells Vineyards, Inc.; Rivera Vineyard Inc., Linda

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1 Vineyards Inc.; BR Inc.; Mr. Bias Rivera as an individual and in his capacity as

2 Trustee of the Rivera Family Trust; its predecessors, successors, officers, directors,

3 agents, and assigns.

4

IV. FINDINGS

5

Having examined the terms and provisions of this Decree and based on the

6 pleadings, record and stipulation of the Parties, the Court finds the following:

7 A. The Court has jurisdiction over the Parties and the subject matter of this

8 action. The Complaint asserts claims that, if proven, would authorize the Court to

9 grant the relief set forth in this Decree.

10 B. The terms and provisions of this Decree are adequate, fair, reasonable,

11 equitable and just. The rights of the Defendants, the Commission and those for

12 whom the Commission seeks relief are protected adequately by this Decree.

13 C. This Decree conforms with the Federal Rules of Civil Procedure and Title

14 VII and is not in derogation of the rights and privileges of any person. The entry

15 of this Decree will further the objectives ofTitie VII and will be in the best interest

16 of the Parties.

17

V. RESOLUTION OF CLAIMS

18' A. The Parties agree that this Decree resolves all claims and eauses of aetion 19 arising out of EEOC Charge Nos. 340-2002-00015 and 340-2002-00019, the 20 eomplaint filed on September 5, 2003, and the First Amended Complaint filed on 21 or about February 25, 2004 in the United States District Court, Central Distriet of 22 California entitled EEOC v. Rivera Vineyards, Inc. d/b/a Bias Rivera Vineyards; 23 Linda Vineyards, Inc.; BR Company; and Oasis Distributing; and Does 1-10 24 Inclusively, with Case Number EDCV 03-01117 RT (SGL). The Decree 25 constitutes a complete resolution of all claims under Title VII that were made or 26 could have been made by the EEOC in this action and by those for whom the 27 Commission sought relief.

28

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1 B. Nothing in this Decree shall be construed to preclude the EEOC or

2 Defendants from enforcing this Decree pursuant to its terms in the event any party

3 has failed to perform the promises and representations contained herein.

4 C. Nothing in this Decree shall be construed to limit or to reduee Defendants'

5 obligation to comply fully with Title VII or any other federal employment statute.

6 D. This Decree in no way affects the EEOC's right to bring, process,

7 investigate, or litigate other charges that may be in existence or may later arise

8 against Defendants in aecordance with standard EEOC procedures provided that

9 the facts upon which any such action would be based occurred on or after March

10 24,'2005.

II

VI. DURATION AND EFFECTIVE DATE OF DECREE

12 A. The provisions and agreements contained herein are effective immediately

13 upon the date which this Decree is entered by the Court ("Effective Date").

14 B. This Decree shall remain in effect until the Defendants fully pay the monies

15 owed under this Decree or three (3) years from the Effeetive Date, whichever is

16 later. The term of the Decree shall be no less than three (3) years from the

17 Effeetive Date.

18

VII. MONETARY RELIEF

19 A. Terms

20

In settlement of this lawsuit, Defendants shall pay a total of one million

21 fifty-thousand dollars ($1,050,000.00) ("Monetary Obligation") to resolve this

22 action. Defendants shall be jointly and severally liable for the full amount of all

23 such payments. The Defendants shall make payments according to the following

24 schedule: (I) $100,000.00 due 60 days after the Effective Date; (2) $75,000.00 due

25 six (6) months after the Effective Date; (3) $75,000.00 due twelve (12) months

26 after the III

27 11/

28 III

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1 Effective Date. Thereafter, Defendants shall pay $100,000.00 annually on the

2 second through ninth anniversary (annually) of the Effective Date, without interest.

3

I. Defendants shall accelerate payment of the remaining balance, at any

4 point during the duration of this Decree upon Defendants' sale of any of its

5 agricultural real property, at the rate of $750.00 per acre but in no event more than

6 the full remaining balance of the Monetary Obligation. Upon any sale of

7 Defendants' agricultural real property and receipt by Plaintiff of a sum equal to

8 Seven Hundred Fifty Dollars ($750.00) for each acre sold (but in no event

9 exceeding the remaining balance of the Monetary Obligation), Plaintiff shall

10 provide a partial reconveyance of the deed of trust with respect to the properties

II sold.

12

2. In addition, upon Defendants' refinance of any existing debt against

\3 their agricultural real property, Plaintiff shall provide Defendants a subordination

14 of the Deed of Trust provided the new, refinanced loan does not exceed the

15 existing loan balance (as of the Effective Date), of the debt it replaces. If any new

16 loan amount secured by Defendants' agricultural real property would be greater

17 than the existing loan balance, (as of the Effective Date) of the debt it replaces

18 ("New Loan"), then, except as provided below, upon recordation of the New Loan,

19 the EEOC shall be paid the net differential up to but not exceeding the remaining

20 balance of the Monetary Obligation. Upon receipt by Plaintiff of any loan

.21 proceeds from a New Loan, as described above, Plaintiff shall provide Defendants

22 a partial reconveyance of the Deed of Trust with respect to all of the property

23 which is the subject of the refinance. lfthe proceeds of a New Loan are used

24 exclusively for crop production purposes ("Crop Loan"), then in that event, if

25 necessary, the EEOC shall subordinate the lien of the Deed ofTrust to said Crop

26 Loan provided that the Crop Loan is secured by a crop mortgage, personally

27 guaranteed by Bias Rivera; and that the Crop Loan does not exceed Three Million

28 Dollars ($3,000,000.00) and that Plaintiff receives twenty-five percent (25%) of

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1 the Crop Loan, net of loan costs (but not exceeding the remaining balance of the

2 Monetary Obligation) as a condition ofthe subordination.

3

3. Further, upon the full payment by Defendants to Plaintiff of the

4 Monetary Obligation Plaintiff shall provide Defendants an unconditional request

5 for full reconveyance and deed of full reconveyance ofthe Deed of Trust and the

6 release of the personal guarantee of BIas Rivera, all forms and content for any of

7 the matters described in Section VILA. 1, 2 and 3 shall be provided by Defendants

8 to Plaintiff,

9 B. Personal Liability ofBlas Rivera

10

Bias Rivera shall be personally liable for monies owed under this Decree in

11 the amount of$I,050,000.00. Mr. BIas Rivera shall also be liable as a Trustee of

12 the Rivera Family Trust. Accordingly Mr. Rivera as an individual and as a Trustee

13 of Rivera Family Trust agrees to be bound by the terms and obligations of this

14 Decree as set forth herein and the jurisdiction of this Court (known hereafter as

15 being subsumed herein along with the other "Defendants").

16 C. Collateral

17

As security for Defendants' obligations under this Decree, Defendants shall

18 record a memorandum of this Decree in the County of Riverside and Imperial

19 County in the State of California within ten (10) days of the Effective Date

20 creating a lien against all real and personal property owned by the Defendants,

21 including Bias Rivera. A copy of the recorded Memorandum shall be sent to

22 Anna Park, Regional Attorney, United States Equal Employment Opportunity

23 Coinmission, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012 within

24 five (5) days of recording.

25

As further security for Defendants' obligations under this Decree,

26 Defendants shall execute a deed of within ten (10) days of the Effective Date,

27 creating a lien against all agricultural real and personal property owned by the

28 Defendants as of the Effective Date. A copy of the recorded deed of trust shall be

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1 sent to Anna Park, Regional Attorney for the United States Equal Employment

2 Opportunity Commission, 255 East Temple Street, 4th Floor, Los Angels, CA

3 90012 within five (5) days of recording.

4

The collateral shall also include all inventories, goods, equipment, trade

5 fixtures, contract rights, accounts, chattel paper, instruments, good will, general

6 intangibles and right to payment of every kind now owned or hereafter acquired by

7 the Defendants and/or any other company and/or partnership in which BIas Rivera

8 or Defendants hold any and all interest either individually or jointly. Defendants

9 shall be jointly and severally liable for the Monetary Obligation.

10

Should Defendants fail to record the Memorandum of this Decree and the

11 Deed ofTrust within forty-five (45) days of entry of this Decree, they will be

12 deemed in default and the total amount of$I,050,000 shall be owed and due

13 immediately, including interest at the rate of 10% per annum from and after the

14 date of default.

15

VIII. CLASS FUND

16 A. Defendants shall deposit all sums which become due hereunder in a Class

17 Fund. Within thirty (30) days after a payment, Defendants shall provide the

18 EEOC written verification of the first payment described above and of each and

19 every subsequent payment. Defendants shall have the sale responsibility for all

20 costs and fees connected with establishing and maintaining the class fund. The

21 Class Fund will administer and effect distribution of sums specified herein to

22 eligible claimants, all as set forth in this Decree, in accordance with the written

23 specifications of the EEOC.

24 B. The EEOC shall have the sale discretion to identify eligible claimants and

25 the sole discretion to allocate the monetary amounts for each eligible claimant that

26 may be covered by this Decree. Claimants shall execute a general release by and

27 between the Defendants. EEOC shall not be a party to the separate release. The

28 EEOC retains the sole discretion to issue a Right-to-Sue notice in this case. For all

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I eligible claimants, EEOC agrees that a Right-to-Sue Notice will not be issued in . 2 this case under Title VII. 3 C. The EEOC shall detenuine and submit a written list of eligible claimants to 4 the Defendants along with the last known address of the claimant. Within ten (10)
5 days of receiving the list of eligible claimants, Defendants shall make payments, to 6 the extent of monies in the Class Fund, to each eligible claimant identified by the 7 EEOC by check transmitted via certified mail, return receipt requested. All 8 amounts distributed from the Class Fund shall be evidenced by IRS Fonu 1099 to 9 each recipient. 10 D. Within ten (10) business days of the issuance of each check, Defendants II shall submit a copy of each check and related correspondence to Anna, Park, 12 Regional Attorney, United States Equal Employment Opportunity Commission, 13 255 East Temple Street, 4th Floor, Los Angeles, CA 90012. 14 E. Defendants shall prepare and distribute 1099 tax reporting fonus to each of 15 the eligible claimants pursuant to IRS rules and regulations. Defendants shall be 16 solely responsible for any costs associated with the issuance and distribution of the 17 1099 taxrepoliing fonus to each of claimants. 18 F. In the event that a payment is returned, because the address is not current, 19 the Defendants shall conduct data base research for the claimant's current address 20 and/or attempt to find the claimant's current address at Defendants' own cost. 21 Defendants shall immediately notify the EEOC if a payment is returned and its 22 subsequent efforts to find a current address. Any subsequent correspondence shall 23 be sent to the Regional Attorney as outlined above in VIII (D) above. Once 24 Defendants notify EEOC of a returned payment, upon payment of said unclaimed 25 funds as described herein below, Defendants shall be released from any and all 26 further liability for the same under this Decree and the sum(s) in question shall be 27 credited to Defendants monetary obligations hereunder. 28 III

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1 G. Surplus in Class Fund

2

In the event that any portion of the Class Fund has not been distributed at the

3 expiration of this Decree, the surplus shall be paid to CRLA for providing services

4 to fann workers, specifically fann worker women about sexual harassment. The
,. 5 EEOC shall provide the Defendants the address for CRLAlfhe~t of a Surplus in

6 the Class Fund.

7

IX. REINSTATEMENT

8 A. Defendants agree to rehire the claimants who were otfered reinstatement on

9 or about April of 2001 in the event defendants resume fanning operations.
10 Resuming fanning~peration is defined as employing 300 employees for 30'

11 (thirty) consecutive calendar days. Defendants shall notify the EEOC within five

12 (5) days of: (1) the resumption of fanning operations as defined above; (2) when

13 the claimants are rehired; and (3) who among the claimants was rehired. The use

14 of sub-contractors or contractors shall not exempt the Defendants' obligations

15 under this provision (IX) of the Decree. In the event a claimant is not rehired even

16 though he or she was offered reinstatement on or about April of2001, the

17 Defendants shall notify the EEOC in writing of the reasons for not hiring the

18 claimant.

19 B. Additionally, claimants who participate herein but were not offered

20 reinstatement on or about April of 200 I shall not be precluded from being

21 considered for future employment.

22

X. INJUNCTIVE RELIEF

23 A. Non-Discrimination

24

1. Sexual Harassment

25

Defendants, their officers, agents, management (including all supervisory

26 employees), successors, assigns, and all those in concert or participation with them,

27 or any of them, hereby agree: (a) not to engage in sexual harassment or sex based

28 harassment; (b) to prevent and correct any harassment or other discrimination on

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1 the basis of sex; (c) to ensure that employees who complain about or resist

2 discrimination on the basis of sex are not subjected to any tangible employment

3 actions; (d) to hold managers and supervisors accountable for sex harassment; (e)

4 to ensure immediate, corrective, and preventative measures are taken when a valid

5 complaint is raised; and (f) to create effective policies and procedures are in place

6 to ensure a workplace free of hostility due to sex.

7

2. Job Segregation Due to Sex Discrimination

8

Defendants agree to hire women into all positions, including but not limited

9 to, pruning, girdling, irrigation, and other positions that were found to be

10 segregated based upon sex (female) by the EEOC. Defendants, their officers,

II agents, management (including all supervisory employees), successors, assigns,

12 and all those in concert or participation with them, or any of them, further hereby

·13 agree: (a) not to engage in, implement or permit any action, policy or practice that

14 discriminates against employees due to their sex (female); (b) to ensure a

15 workplace free of segregation due to sex (female); and (c) to promote equal

16 employment opportunity regardless ,of gender in all positions; and (d) to hold 17 managers andlor supervisors accountable for violating Title VII.

18

3. Retaliation

19

Defendants, their officers, agents, management (including all supervisory

20 employees), successors, assigns, and all those in active concert or participation

21 with them, or any of them, hereby agree not to engage in, implement or permit any

22 action, policy or practice with the purpose of retaliating against any current or

23 former employee of Defendants, or either ofthem, because he or she has in the

24 past, Of during the term of this Decree: (a) opposed any practice made unlawful

25 under Title VII; (b) filed a charge of discrimination alleging such practice; (c)

26 testified or participated in any manner in any investigation (including without

27 limitation, any internal investigation undertaken by Defendants), proceeding in

28 connection with this case andlor relating to any claim of a Title VII violation; (d)

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1 was identified as a possible witness or claimant in this action; (e) asserted any

2 rights under this Decree; or (t) sought and/or received any relief in accordance with 3 this Decree.

4

Defendants shall ensure to the best of their ability and in good faith that any

. 5 contractors or subcontractors employed by Defendants ensure a workplace free

6 from discrimination, harassment, and retaliation as set forth above.

7 B. Retention of Equal Employmcnt Opportunity Consultant

8

Within thirty (30) days after the Effective Date, Defendants shall retain a

9 Consultant with demonstrated experience in the area of employment discrimination

10 and sexual harassment issues, to monitor Defendants' compliance with Title VII 11 and the provisions of this Decree. The Consultant shall be subject to the 12 Commission's approval, which shall not be unreasonably withheld. If the 13 Commission does not approve Defendants' proposed Consultant, the Commission

14 shall providc a list of at least three suggested candidates acceptable to the

15 Commission. Defendants shall bear all costs associated with the selection and 16 retention of the Consultant and the performance of his/her/its duties. The 17 Consultant's responsibilities shall include:

18

1. Establishing written policies/procedures for Defendan, to handle

19 comp1am. ts 0 f d'Iscn.mm. atl.On, harassment and reta1la"tl"O'lk~cocm1p"<.1y" W.It!h}oItfs

20 obligations, under this Decree;

21

2. Establishing written policies/procedures for Defendants' anti-

,..(."0 '-V"I

22

harassment policy and reporting procedur6 effectively carry out its obligations .

. 23 under this Decree;

24

3. Establishing written policies/procedures so that managerial and

25 stafflhourly employees are trained on their rights and responsibilities under Title I. 26 VII, including but not limited to the responsibilities to provide a workplace free of
27 harassment, segregation, and retaliation;

28

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4. Establishing written policies/procedures so that all employees are

2 . trained on policies and procedures relating to sex discrimination, sexual 3 harassment, and retaliation;

4

5. Establishing written policies/procedures for Defendants' investigation

5 of all complaints of sexual discrimination! harassment and retaliation to ensure

6 compliance with Title VII;

7

6. Establishing written policies/procedures so that Defendants properly

8 communicate~ with complainants regarding the complaint procedure, status of the

9 complaint investigation, results of the investigation, and any remedial action taken;

10

7. Establishing written policies/procedures so that Defendants' reports

11 required by this Decree are accurately compiled and timely submitted;

12

8. Establishing written policies/procedures so that Defendants'

13 disciplinary policies hold employees and managers accountable for failing to take

14 appropriate action or for engaging in conduct prohibited under this Decree;

15

9. Establishing written policies/procedures so that Defendants create~ a

16 centralized system of tracking discrimination, harassment, and retaliation

17 complaints;

18

10. Establishing written policies/procedures so that all women are

19 provided equal employment opportunity in all positions;

20

11. Establishing written policies/procedures so that individuals who are to

21 be rehired are rehired and not subject to retaliation;

22

12. Establishing written policies/procedures for complaints raised through

23 the 24 hour hotline;

24

l3. Establishing written policies/procedures for compliance with the

25 terms of this Decree; and

26

14. Preparing an annual report on Defendants' progress and its compliance

27 under this Decree.

28

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1 C. Revision and Distribution of Anti-Harassment, Anti-Discrimination, and

2 Anti-Retaliation Policies and Procedures

3

Within sixty (60) days of the Effective Date, Defendants shall revise andlor

4 modify its anti-harassment, anti-discrimination, and anti-retaliation policies.

s The policy shall include:

6

1. A clear explanation of prohibited conduct;

7

2. Assurance that employees who make complaints of harassment,

8 discrimination, or retaliation, or provide information related to such complaints

9 will be protected against retaliation;

10

3. A clearly described complaint process that provides accessible and

11 confidential avenues of complaint with contact information including name (if

12 applicable), address, and telephone number of persons both internal and external to

13 the Defendants (i.e., Commission and Consultant) to whom employees may report

14 discrimination and retaliation, including a written statement that the employee may

15 report the discriminatory behavior to designated persons outside their chain of

16 management;

17

4. Assurance that the employer will protect the confidentiality of

18 harassment, discrimination, and retaliation complaints to the cxtent possible;

19

5. A complaint process that provides a prompt, thorough, and impartial

20 investigation;

21

6. A procedure for communicating with the complainant in writing

22 regarding the status of the complaint/investigation, results of the investigation, and

23 any remedial action taken;

24

7. Assurance that Defendants will take immediate and appropriate

2S corrective, and preventative actions when it determines that harassment,

26 discrimination, or retaliation occurred;

27

8. A description of the possible consequences, up to and including

28 termination that will be imposed upon violation of the policies;

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9. Defined policies and procedures for hiring, recruitment, screening,

2 retention, transfers, and promotion that do not discriminate based upon sex

3 (females). Specifically, defendants shall ensure that no positions are segregated

4 based upon sex; and

5

10. A statement that Defendants' sex harassment, sex discrimination and

6 retaliation policies apply to all persons, including but not limited to the

7 Defendants' owners, shareholders, directors, officers, other management officials,

8 supervisors, vendors, suppliers, third parties, and customers.

9

EEOC shall comment on the policies and procedures within thirty (30) days

10 of receipt. The parties shall meet and confer about the proposed changes. lfthe

11 parties are not able to resolve their differences, the parties shall follow Section XIII

12 set forth below, Should the policy not require any revision no later than ten (10)

13 business days after the forty-five (45) day period, the policy shall be distributed to

14 all employees in either English or Spanish, depending on the language preference

15 of each employee. The policies and procedures shall also be disseminated to all

16 management/supervisory staff and shall also be included in any relevant policy or

17 employee manuals distributed to employees by Defendants. Defendants shall

18 maintain acknowledgments from each employee who receives the revised policy,

19 in either English or Spanish depending on the language preference of each

20 employee. Throughout the term of this Decree, Defendants shall also post the

21 revised policy, in English and Spanish, in a place that is clearly visible to all

22 employees at each of its facilities covered by this Decree in 15 point font.

23 All new or rehired employees shall receive a copy of the policies and procedures

24 within ten (10) days of being hired or rehired.

25

All employees and employees of subcontractors or contractors, who do

26 business with Defendants, shall be given a copy of Defendants' policies and

27 procedures and will be required under the terms of the agreement with Defendants

28 to comply with those internal policies and procedures in furtherance of Title VII.

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1 D. Complaint Procedure

2

Within forty-five (45) days of the Effective Date, Defendants shall ensure

3 that it has publicized an internal complaint procedure to provide for the filing,

4 investigation and, if appropriate, remedying of complaints of harassment,

5 discrimination, and retaliation. Defendants shall establish a toll-free number that

6 shall be disseminated to all Defendants employees and employees hired through a

7 contractor or subcontractor informing them that a complaint can be logged at any

8 time. The (800) number shall be processed and monitored by the Consultant. All

9 calls shall be tracked by the Consultant during the term of the Decree. Defendants

10 shall also publicize the EEOC complaint line number of (800) 669-4000 or (213)

11 894-1983.

12

Defendants and the Consultant shall:

13

1. Publicize the complaint procedure;

14

2. Track and collect all complaints filed thereunder;

15

3. Investigate and resolve such complaints in a timely and effective

16 manner; and

17

4. Retain records regarding resolution of all such complaints.

18

The Consultant shall track all complaints filed thereunder and retain records

19 regarding resolution of all such complaints. The Consultant will review the

20 allegations of harassment, discrimination, and/or retaliation made during the term

21 of the Decree and conduct an investigation accordingly. The Consultant shall

22 provide written findings at the conclusion of its investigation. The EEOC

23 Consultant may recommend discipline, including but not limited to termination of

24 employees who have engaged in harassment, discrimination, or retaliation. If

25 Defendants reject the Consultant's recommended course of action, Defendants

26 must present written justification to the EEOC for failing to adopt the Consultant's

27 termination recommendation within twenty (20) days of the Consultant's findings.

28

The internal complaint procedure shall incorporate the following elements:

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 17 of 32

1. A policy describing how investigations will be conducted;

2

2. A prompt commencement and thorough investigation by a

3 Defendant's employee trained to conduct such investigations who is not connected

4 with the complaint;

5

3. A statement that an investigation should include interviews of all

6 relevant witnesses, including the complainant, and reviews of all relevant

7 documents;

8

4. A written record of all investigatory steps, and any findings and

9 conclusions, and any actions taken;

10

5. Provision for the reasonably prompt resolution of such complaints;

II

6. An opportunity foJ+.ll the complainant to review and respond to

12 tentative findings, except in those circumstances in which it is necessary to take

13 immediate action;

14

7. Confidentiality of the complaint and investigation to the extent

15 possible;

16

8. Appropriate communication of the final conclusions of the

17 investigation provided to the complainant;

18

9. An appeal procedure to an appropriate Defendants1representative,

19 should the complainant be dissatisfied with the results of the investigation;

20

10. A notice that employees or applieants complaining of discrimination

21 may use the eompany's internal eomplaint procedure and contact information for

22 the EEOC or state or local Fair Employment Practice (FEP) agencies. The notice

23 shall also state that filing an internal complaint does not relieve the complainant of

24 meeting any applicable deadline for the filing of a charge or complaint with EEOC

25 or state or local FEP agencies;

26

11. A statement that the complainant shall not be required to first report

27 the complaint to a person who is accused of the inappropriate conduet to invoke

28 the Internal Complaint Procedure;

·17·

• Case 5:03-cv-01117-RT-SGL

Document 24

Filed 06/14/2005

Page 18 of 32

12. The internal complaint procedure will permit, but not require, an

2 employee to initiate the complaint process by submitting a written complaint on a

3 form designed for the purpose;

4

13. A statement that the internal complaint procedure is not intended to

5 supplant the right of any employee to file a charge or complaint of discrimination

6 or retaliation under any available municipal, state, or federal law;

7

14. A statement that it is unacceptable to retaliate against any associate

8 for use of the Internal Complaint Procedure, for assisting in the investigation of a

9 complaint, or for otherwise assisting in the utilization of the procedure; and

10

15. A statement that if an allegation of discrimination or retaliation

II against a manager or other associate is substantiated, then such conduct will result

12 in appropriate discipline, up to and including discharge.

13 E. Training

14

Within one hundred fifty (150) days after the Effective Date, all of

15 Defendants' managerial/supervisory and human resources employees shall be

16 required to attend a comprehensive training program on harassment,

17 discrimination, and retaliation. The training shall be mandatory and occur once a

18 year for the first three years of the term of this Decree. The training shall be

19 conducted in the Spanish and, if necessary, in English. Each employee, supervisor,

20 manager, and human resources person shall be required to attend training each

21 year, in a language that each employee best understands. Any manager,

22 supervisor, or employee who failed to attend scheduled training shall be trained

23 within thirty (30) days of the live training set forth above. The training shall also

24 include persons supervising employees working for contractors that work for

25 Defendants.

26

1. All employees' training shall include coverage of the subjects of equal

27 employment opportunity rights and responsibilities, discrimination, harassment,

28

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-e Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 19 of 32

1 retaliation, and Defendants' revised policies and procedures for reporting and

2 handling complaints of discrimination, harassment and retaliation.

3

2. A separate training of managerial and supervisory employees shall

4 additionally include training on how to properly handle and investigate complaints

5 of discrimination and/or harassment in a neutral manner, how to take preventive

6 and corrective measures against discrimination and/or retaliation, and how to 7 recognize and prevent discrimination and/or retaliation. Managers and supervisors g shall also be trained on proper hiring, recruitment, promotion, screening, transfer,

9 and/or retention procedures that ensure that female applicants and/or employees 10 are provided with equal employment opportunities which do not deny them

11 employment in any positions as required under Title VII. The training shall also

12 encompass a comprehensive overview of the Defendants' policies and procedures.

13 Managers and supervisors shaIl also be trained on monitoring, avoiding, and

14 preventing retaliation in the workplace.

15

3. Human Resources training shall be specific to their obligations,

16 including the handling and investigating of complaints of discrimination and

17 retaliation. This training shall be above and beyond the supervisor/manager

\8 training as set forth above. Specifically, human resources individuals shall be

19 trained in monitoring work areas to ensure compliance with Defendants' policies

20 and procedures against harassment, discrimination, and retaliation.

21

4. For the remainder of the term of this Decree, all new employees and

22 all employees recently promoted from a staff/hourly to a managerial position shall

23 receive the managerial or staff/hourly employee training, as appropriate, within

24 thirty (30) days of hire or promotion.

25

5. After the initial training as specified above, all employees shall

26 receive the training at least annually thereafter for the remainder of the term of this

27 Decree.

28

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.. Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 20 of 32

6. All employees required to attend such training shall verify their

2 annual attendance in writing. A log shall be maintained to track who attended each

3 training.

4

7. Within forty-five (45) days after the Effective Date or fifteen (15)

5 days after hiring the Consultant, whichever is later, Defendants shall submit to the

6 EEOC a description of the training to be provided and an outline of the curriculum

7 developed for the trainees.

8

8. Defendants shall give the EEOC a minimum of fifteen (15) business

9 days advance written notice of the date, time and location of each training program

10 provided pursuant to this Decree. An EEOC representative may attend any such

11 training program.

12 F. Designation of Job Related Training Areas

13

Defendants and the Consultant shall ensure that female employees are not

14 isolated and subjected to harassment. As such, any job related training shall be

15 conducted in designated areas andlor in the presence of a female supervisor. To

16 the extent possible, job related instructions or training shall be done during

17 designated times and locations. Defendants shall ensure that all supervisors and

18 managers are informed that it is their obligation and duty to report incidents of

19 harassment, discrimination, or retaliation, partiCUlarly those perpetrated by other

20 supervisors and managers. Failing to do so may result in discipline.

21 G. Hiring, Recruitment, and Retention

22

Defendants shall hire women into all positions, including but not limited to,

23 pruning, vine tying, girdling, irrigation, swamping and other positions that were

24 found to be segregated based upon sex (female) by the EEOC. If Defendants

. 25 resume farming operations, as defined herein, during the term of this Decree, they

26 shall engage in recruitment activities targeted at hiring more women into the

27 positions where they have been excluded or limited. For each year during the term

28 of this Consent Decree, Defendants,(shall endeavOI;fto obtain a hiring rate of at

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-e Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 21 of 32

1 least fifty (50) percent women in pruning, vine tying, and irrigation, and at least ten·

2 (10) percent women in girdling, and swamping.

3

In pursuing this endeavor, at any time that Defendants resume farming

·4 operations as defined herein, Defendants shall engage in the following activities:

5

I. Advertise and actively recruit in the radio and print media with a

6 likely audience of persons who would be interested in working for Defendants,

7 including but not limited to Spanish language radio and La Prensa;

8

2. Distribute job notices to employees and create at least two visible

9 postings centers at Defendants' facilities where employees can see job vacancy

10 postings;

11

3. Advertise and actively recruit applicants in advocacy organizations

12 such as Lideres Campesinas, the California Rural Legal Assistance, and Desert

13 Community Alliance;

14

4. Implement a hiring procedure that does not rely solely on word-of-

15 mouth for publicizing openings and that includes a systematic, predetermined

16 hiring procedure that is disclosed to all applicants to ensure that applicants are

17 evaluated based on their qualifications and interest in the open positions; Provide

18 written notice of all job openings with each employee's pay-check for the relevant

19 job and time period; and

20

5. Any other procedures recommended by the EEO Consultant.

21

If Defendants fail to meet the annual hiring endeavor, the EEOC shall, in

22 good faith, reasonably review Defendants' good faith compliance with their

23 obligations under the Decree in order to determine whether Defendants violated the

24 Decree. If Defendants have acted in good faith in their hiring practices, but, in

25 spite of their good faith efforts, have not attained the hiring endeavor for that year,

26 Defendants will be excused from such non-compliance and shall not be deemed in

27 violation of this section of the Decree.

28 III

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 22 of 32

1 H. Performance Evaluations

2

Defendants shall revise its performance evaluation forms for mangers and

3 supervisors in order to include as measures for performance compliance with

4 Defendants' Anti-Discrimination and Retaliation Policies and Procedures and Title

5 VII.

6

At least thirty (30) days prior to implementing the performance evaluation

7 forms described above, Defendants will work with the Consultant to implement a

. 8 measure of holding managers and supervisors accountable for compliance with

9 EEO laws.

10 1. Claimant Specific Relief

11

Within ten (10) days of the Effective Date of this Decree, Defendant shall:

12

1. Segregate from the personnel files of each claimant identified by the

13 EEOC, all references to the charges of discrimination filed against Defendants or

14 their participation in this action. Specifically, all of Defendants' records pertaining

15 to the charges of discrimination filed by Virginia Mejia and Rosario Taylor and
'.J l'
16 this litigation shall be maintained confidentially and segregated,.t. heftpe.rsonnel
17 files. None of these segregated documents shall be voluntarily disclosed except as

18 required by law; and

19

2. Limit employment inquiries related to the Charging Parties Virginia

20 Mejia, Rosario Taylor, and eligible claimants identified by the EEOC, to job title,

21 term .of employment, and rate of pay. Defendants are not obligated to rehire these

22 two individuals.

23

The EEOC shall provide to the Defendants, a list of the claimants who are

24 subj ect to this subsection.

25

XI. RECORD KEEPING AND REPORTING

26 A. Record Keeping of Discrimination and Retaliation Complaints

27

Defendants shall establish a record-keeping procedure that provides for the

28 centralized tracking of discrimination and retaliation complaints and the

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Case 5:03-cv-01117-RT-SGL

Document 24

•Filed 06/14/2005

Page 23 of 32

1 monitoring of such complaints to prevent retaliation. The records to be maintained 2 shall include:

3

1. All documents generated in connection with any complaint,

4 investigation into, or resolution of every complaint of harassment, discrimination 5 or retaliation for the duration of the Decree and the identities of the parties 6 involved. This includes any disciplinary actions taken against an employee and 7 any findings;

8

2. All forms acknowledging employees' receipt of Defendants' revised

9 discrimination and anti-retaliation policy;

10

3. All documents verifying the occurrence of all training sessions and

11 names and positions of all attendees for each session as required under this Decree;

12 and

13

4. Documents tracking and analyzing complaints filed against the same

14 employee.

15 B. Record Keeping of Recruitment, Hiring, and Transferring into Positions

16

Defendants shall maintain records and establish a record-keeping procedure

17 that provides for the tracking of recruitment, hiring, transferring, promotion, and

18 screening processes into all positions. Defendants shall maintain documentations

19 to support its recruiting efforts and all applications for hire, transfer, promotion,

20 and screening during the term of the Decree. Defendants will gather gender data

21 from applicants for the limited purpose of assembling data and submitting the

22 Audit Report to the EEOC as provided herein.

23 C. Reporting

24

Within sixty (60) calendar days of the Effective Date and annually each year

25 thereafter on the anniversary date of the Effective Date of this Decree for a period 26 not exceeding three years, Defendants shall conduct an annual audit of the previous

27 twelve month period (the "Audit Period") and submit a written report (the "Audit

28

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 24 of 32

1 Report") to the EEOC stating the total number of women and men by the

2 following:

3

A. Position Applied for;

4

B. Were interviewed for;

5

C. Were hired;

6

D. Were offered positions but declined the employment offer;

7

E. Voluntarily withdrew from consideration for a position and the

8 reason(s) for the withdrawal, if known by Defendants; and Av1

~" ... /I. 4.1 ,..,...

9

,. F. Reasons why a female applicant was not for any given position.

10

Within 120 days after the Effective Date and annually thereafter for a period

11 not exceeding three years, Defendants shall submit to the EEOC an initial report

12 which contains:

13

I. A copy of the revised anti-harassment, anti-discrimination, and anti-

14 retaliation policies and procedures;

15

2. A summary of the procedures and record-keeping methods developed

16 with the Consultant for centralized tracking of discrimination complaints arid the

17 monitoring of such complaints;

18

3. Description of compliance or non-compliance with the training

19 requirements;

20

4. Description and analysis of all complaints raised during the review

21 period as set forth herein;

22

5. Description of Defendants' rccruitmcnt efforts;

23

6. Description of Defendants' hiring, promotion, screening, and

24 transferring efforts;

25

7. compliance of Defendants'contractors or subcontractors to the terms

26 set forth in this Decree;

27

28

·24·

Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 25 of 32

8. Confirmation of the establishment of the sex harassment, sex

2 discrimination, and/or retaliation complaints hotline for complaints concerning the

3 company's president, owner(s), shareholders, management and/or supervisors;

4

9. Confirmation that the Claimant-Specific injunctive relief has been

5 carried out;

6

10. A copy of Defendants' recruiting, screening, and hiring procedures;

7

II. A summary of the procedures for auditing employment applicants

8 developed with the EEO Consultant for monitoring applicant flow data;

9

12. A summary of any changes of the procedures or record-keeping

10 methods for centralized tracking of discrimination complaints and the monitoring

11 of such complaints within thirty (30) days before implementing such changes; and

12

13. overall compliance or non-compliance with the terms of the Decree

13 set forth herein.

14

Upon full payment of all sums, this Decree shall be of no further force or

15 effect, and EEOC shall for itself and those for whom it acts (i.e., all past and

16 present employees of Defendants) forever and fully discharge Defendants from

17 any and all further claims and causes of action.

18 XII. REMEDIES IN EVENT OF A DEFAULT OR VIOLATION OF THIS

19

DECREE

20 A. Acceleration of Balance Owed

21

In the event of a default or violation of this Decree, the EEOC shall be

22 entitled, after written notice and a reasonable opportunity to cure, to accelerate the

23 remaining unpaid balance owed under this Decree and declare all remaining

24 amounts due and payable from the date of default until the amount is paid. Interest

25 shall also be due at a rate of 10% per annum.

26

Defendants shall be in default under this provision when Defendants fail to

27 make a timely payment, fail to fulfill payments to the claimants, or fail to meet the

28 terms of This Decree. In the event of a default due to non payment or untimely

-25·

Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 26 of 32

I payment, after notice and reasonable opportunity to cure, the EEOC may, without

2 further notice, accelerate the entire unpaid balance due under this Decree. The

3 meet and confer requirements under Section XIII shall not apply with respect to a

4 failure to make payments. Defendants shall be notified in writing by the EEOC of

5 the acceleration. Reasonable opportunity to cure is defined herein as 30 days.

6 Otherwise, the entire balance will be due within twenty (20) days after the

7 reasonable opportunity to cure period expires.

8

With respect to a default or violation of this Decree relating to injunctive

9 relief remedies or any other provisions herein, the parties shall follow the meet and

10 confer and enforcement mechanism set forth below in Section XIII.

II B. Waiver of Right to Bankruptcy Protections

12

Defendants agree that their obligations and liabilities under this Decree shan

13 not be dischargeable under the Bankruptcy Code, Title 11 of the U.S. Code enacted

14 by the Bankruptcy Reform Act of 1978, P.L. 95-598. For Bankruptcy Code

15 purposes only, and without this being an admission by Defendants, it is agreed that

16 this debt is considered to have arisen from the "willful and malicious" injury by the

17 Defendants to the class members pursuant to 11 U.S.C. '523(a)(6).

18

This Consent Decree shall constitute an enforceable judgment for purposes

19 of post-judgment collection, in accordance with Rule 69 of the Federal Rules of

20 Civil Procedure, the Federal Debt Collection Procedures Act, 28 U.S.C. §§ 3001,

21 et seq. and any other applicable authority. The United States Equal Employment

22 Opportunity Commission shall be deemed a judgment creditor for purposes of

23 payment of any unpaid amounts of the civil penalties, stipulated penalties, interest

24 and/or settlement payments owed under this Consent Decree and/or Title VII.

25

XIII. DECREE ENFORCEMENT

26

The parties expressly agree that if the Commission has reason to believe that

27 Defendants have failed to comply with any provision of this Consent Decree, the

28 Commission may bring an action before this Court to enforce the Decree. Prior to

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 27 of 32

1 initiating such action, the Commission will notifY Defendants and its legal counsel

2 of record, in writing, of the nature of the dispute. This notice shall specifY the

3 particular provision(s) that the Commission believes Defendants has breached.

4 Absent a showing that the delay will cause irreparable harm, Defendants shall have

5 thirty (30) days to attempt to resolve or cure the breach.

6

The parties agree to cooperate with each other and use their best efforts to

7 resolve any dispute referenced in the EEOC notice.

8

After thirty (30) days have passed with no resolution or agreement to extend

9 the time further, the Commission may petition this Court for compliance with this

10 Decree at any time during which this Court maintains jurisdiction over this action

11 and the Defendants will have an opportunity to respond. Should the Court

12 determine that the Defendants have not complied with this Decree, in whole or in

13 part, it may impose appropriate relief, including but not limited to the imposition of

14 attorneys' fees and costs on the Defendants and extension of the duration of this

15 Decree for such a period as may be necessary to remedy the Defendants' non-

16 compliance. This provision shall not apply if the breach involves a failure to pay

17 money under this Decree. The parties shall comply with the Court's briefing

18 schedule pursuant to the Federal Rules.

19

XIV. MISCELLANEOUS PROVISIONS

20 A. Successors In Interest

21

During the term bfthis Consent Decree, Defendants shall provide any

22 potential successor-in-interest with a copy of this Consent Decree within a

23 reasonable time of not less than thirty (30) days prior to the execution of any

24 agreement for acquisition or assumption of control of any or all of Defendants ,

25 facilities, or any other material change in corporate structure, and shall

26 simultaneously inform the EEOC of same. However, this shall not apply to any

27 situation involving a land sale or a restructure of business if same owners involved.

28 III

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 28 of 32

I B. Notice

2

During the tenn of this Consent Decree, Defendants and its successors shall

3 assure that each of its officers, managers and supervisors is aware ofany tenn(s) of

4 this Decree which may be related to his/her job duties.

5

Unless otherwise stated, all notices, reports and correspondence required

6 under this Decree shall be delivered to the attention of the Regional Attorney,

7 Anna Y. Park, U.S. Equal Employment Opportunity Commission, Los Angeles

8 District Office, 255 E. Temple St., 4th Fl., Los Angeles, CA. 90012.

9 C. Cost and Attorneys Fees

10

Each party shall bear its own costs of suit and attorneys' fees. Defendants

II shall bear all costs associated with its administration and implementation of its

12 obligations under this Consent Decree, including the costs of the EEO Consultant.

13 All costs associated with executing the Decree and the distribution of the

14 settlement funds to Charging Parties and similarly situated persons shall be paid by

15 Defendants, including without limitation, all costs related to the issuance and

16 mailing of checks.

17 D. Modification and Severability

18

This Decree constitutes the complete understanding of the parties with

19 respect to the matters contained herein. No waiver, modification or amendment of

20 any provision of this Decree will be effective unless made in writing and signed by

21 . an authorized representative of each of the parties.

22

If one or more provisions of the Decree are rendered unlawful or

. 23 unenforceable, the parties shall make good faith efforts to agree upon appropriate

24 amendments to this Decree in order to effectuate the purposes of the Decree. In

25 any event, the remaining provisions will remain in full force and effect unless the

26 purposes of the Decree cannot, despite the parties' best efforts, be achieved.

27

By mutual agreement of the parties, this Decree may be amended or

28 modified in writing.

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 29 of 32
,.

1 E. Counterparts and Facsimile Signatures

2

This Decree may be signed in counterparts. A facsimile signature shall have

3 the same force and effect of an original signature or copy thereof.

4

The parties agree to entry of this Decree and judgment subject to final

5 approval by the Court. All parties, through the undersigned, respectfully apply for

6 and consent to the entry of this Consent Decree as an Order of this Court.

7

Respectfully submitted,

8
9 Dated: June Itt, 2005
10 11 12 13 14
15

Anna Y. Park Cherry-Marie D. Rojas Sue J. Noh Elizabeth Esparza-Cervantes
~1£~ ?2) ::23 Anna Y. Park Regional Attorney Attorneys for Plaintiff, EEOC

16 Dated: June _,2005
17

Law Offices of Shawn Caine .

18

By: _______________

19

Shawn Caine

20
Attorneys for Defendants

21

22 Dated: June _,2005
23 24 25
26 27
28 III

By: --------------------
BIas.Rivera,
as Chief Executive Officer for Defendants and as an individual
and trustee of the Rivera Family Trust

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Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 30 of~, 32
ii,

I E. Counterparts and Facsimile Signatures

~

This Deem may be signed in counterparts. Afacsimile signature shall have

3 the same foree: and effect of an origina1 $ignature or copy thereof.

4

The parti~ agree to entry ofthis Oecree and judgment subject to final

5 approval by the Court. All parties, through the undersigned, respectfully apply for

6 and wnsw to the enuy of this Consent I)ccree as an Order of this Court.

7

Respectfully submitted,

8
9· Dated: June ..;.....;, 2005
10
II

AnnaY. Park Chcny-Marie D. ROjas Sue 1. Noh Elizabeth Esparza-Cervantes

12

By:

-Am---a~Y-.P-mX---------

IJ

Regional Attorney
14
Attorneys for Plaintiff, EEOC

IS

16 Dated: JtUle.--> 2005
17

Law Offices of Shawn Caine

18

By: ________________

19

20

~l

ZZ Dated: June 1!. 2005
23

24

26
28 /11

and trustee ofthe Rivera
Family Trust

1.,,..,'\,..1 I

L .......- •• - - - - , ~

-e .Jun.~-1:3C":a.Ds5e 51:013:2-cBv-A01117-RT-SGL

Document 24

Filed 06/14/2005

Page 31 of 32 .' P'. 03

JlIfIolG-2005 01:11. Fr.-lEGAL 11111 .,-,

T-r51 p,Qsa/asl F-1"

1 E. CoWlterpana and Facsimile SignalW'es

2

This Decree may be signed in cal.lllfetpatrs. A fac5Unile sigu.atUte shall have

3 the same force and effect of an original signawe or cc1py thereof.

4

The parties agree to cntty of this Decree and judgment subject to final

5 approval by the COWt. All parties. through tho undo1'S~ mpectfillly apply for

, andcouemto tbe CInDy of this Consent Decree as an IJrder ofrbis Coun.

T

It.especttWly submitted,

, a Dated: JUlIe--' 200$
lD
11 12 13 14 U
~OO5 16 Dated: June
I.\7
l'
10
21

AnnaY. Park Cherry-Marie D. I{tljss Sue I. N'.h E1i7:abetll Esparz.a~Cemmtes
B~ ________.________
Alina Y. Park
R(:Sional Attomey Altl>meys for Plaintiff. EEOC
Law Offices OfSbaWD Cline
BY~ Shawn Caine A·:tomeys for Defendants

22 DateC1: Jwte --' 2005
23
2A 2S
26 11
Z! III

By; _ __
Bl.1S .llivera, as Chief Executive Officer for D:fendants I.Illd as an individual arId 'CI1.ISIee ofthe Rivera Fllmill' Trust

Case 5:03-cv-01117-RT-SGL Document 24 Filed 06/14/2005 Page 32 of 32
u " ' ,;:,

ORDER OF THE COURT 2 GOOD CAUSE APPEARING,

3

4

The Court hereby retains jurisdiction and the provisions ofthe foregoing

5 Consent Decree are hereby approved and compliance with al1 provisions thereof is

6 fair and adequate.

7

8

IT IS SO ORDERED.

9 Dated: June J.!::l, 2005

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 
 1 ANNA Y. PARK, SBN 164242 ELIZABETH ESPARZA-CERVANTES, SBN 205412

2 U.S. EQUAL EMPLOYMENT

OPPORIUNITY COMMISSION

;':;J

3 255 E. Temple Street, 4th Floor

,-(

Los Angeles CA 90012 4 Telephone: (213) 894-1091

f
I

Facsimile: (213) 894-1301
5
Attorneys for Plaintiff

~ ',/ni

6 EQUAL EMPLOYMENT

I

OP"PORTUNITY COMMISSION

I

i

UNITED STATES DISTRICT COURT I

/ CENTRAL DISTRICT OF CALIFORNIA

)cJ,~

",., rTf
-;J

'J f"<)
u::>

r:

EQUAL EMPLOYMENT 10 OP"PORTUNITY COMMISSION,

11
12 v.
13

Plaintiff,

CASE NO.:
ePcvo3-11\ 1 f:r (~)
COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.)

14 RIVERA VINEYARDS, INC. d/b/a BLAS RIVERA VINEYARDS;
15 LINDA VINEYARDS, INC.; BR COMPANY; OASIS
16 DISTRIBUTING; AND DOES 1-7 Inclusive,
17 Defendants.
18

JURY TRIAL DEMAND

19

NATURE OF THE ACTION

20

This is an action under Title VII of the Civil Rights Act of 1964, as

21 amended, 42 U.S.C. § 2000e et seq. ("Title VII"), and Title I of the Civil Rights

22 Act of 1991,42 U.S.C. § 1981a, to correct unlawful employment practices on the

23 basis of sex and to provide appropriate relief to Rosario Taylor and Virginia

24 Mejia, former employees of Rivera Vineyards, Inc., et al. (hereafter collectively

25 referred to as "Defendant"), and to a class of female employees who were

/{'\',

r ~~ \"-""~

26 adversely affected by such practices. Plaintiff, the U.S. Equal Employment A;;~~~~>"""_

27 Opportunity Commission (the "Commission"), contends Defendants hav~·en~,~g~~i.e/d(~~'::

\

28 in a pattern and practice of discrimination against Rosario Taylor, Vjrg{~:K1e~/jii/b

~")
'9 ~ ~,t

-, '\,." "-" w \

-,

1 and a class of other female employees because of their sex, by subjecting them to a

2 hostile and abusive work environment, failing to take prompt remedial action

3 intended to eliminate the harassment after the Defendant became aware of such

4 behavior, and segregating and excluding female employees from certain positions,

5 in violation of Title VII. The Commission further alleges that Defendant

6 retaliated against Taylor and Mejia in violation of Section 704(a) of Title VII for

7 complaining about the sex harassment and/or engaging in other protected

8 activities.

9

JURISDICTION AND VENUE

10

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

11 1331,1337,1343 and 1345.

12

2. This action is authorized and instituted pursuant to Sections 706(f)(1)

13 and (3), and 707 of Title VII of the Civil Rights Act of 1964, as amended, 42

14 U.S.C. § 2000e-5 (f) (1) and (3), and -6 ("Title VII") and Section 102 of Title I of

15 the Civil Rights Act of 1991,42 U.S.C. § 1981£1.

16

:3. The employment practices alleged to be unlawful were and are now

17 being committed within the jurisdiction of the United States District Court for the

18 Central District of California, Eastern Division.

19

4. The Defendant's principal place of business and employment

20 records relevant to such alleged employment practices are located within the

21 jurisdiction of the United States District Court for the Central District of

22 California, Eastern Division.

23

PARTIES

24

5. Plaintiff, the Equal Employment Opportunity Commission, is the

25 federal agency charged with the administration, interpretation and enforcement of

26 Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and

27 (3) of Title VII, and is expressly authorized to bring this action by Section 705 (f)

28 (1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f) (1) and (3).

2

1

6. At all relevant times, Defendant was and is a California corporation

2 with its principal place of business within the jurisdiction of the United States

3 District Court for the Central District of California, Eastern Division. At all

4 relevant times, Defendant has continuously employed fifteen (15) or more persons.

5

7. Plaintiffis ignorant of the true names and capacities of Defendant,

6 sued as DOES 1 through 10, inclusively, and therefore Plaintiff sues said

7 Defendant by such fictitious names. Plaintiff reserves the right to amend the

8 complaint to name the DOE Defendant individually or corporately as they become

9 known. Plaintiff alleges that each of the Defendant named as DOES was in some

10 manner responsible for the acts and omissions alleged herein and Plaintiff will

11 amend the complaint to allege such responsibility when same shall have been

12 ascertained by Plaintiff.

13

8. It is further alleged on information and belief that the unnamed

14 defendants in the complaint are mere alter egos of the Defendant Rivera

15 Vineyards, Inc .. The remaining defendants are properly named in the complaint.

16

9. All of the acts and failures to act alleged herein were duly performed

17 by and attributable to Defendant, each acting as a successor, agent, employee or

18 under the direction and control of the others, except as specifically alleged

19 otherwise. Said acts and failures to act were within the scope of such agency

20 and/or employment, and each Defendant participated in, approved and/or ratified

21 the unlawful acts and omissions by the other Defendant complained of herein.

22 Whenever and wherever reference is made to any act in this Complaint by a

23 defendant employer or Defendant, such allegations and reference shall also be

24 deemed to mean the acts and failures to act of each Defendant acting individually,

25 jointly and/or severally.

26

10. At all relevant times, Defendant has continuously engaged in an

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

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

3

1

STATEMENT OF CLAIMS

2

11. More than thirty days prior to the institution of this lawsuit, Taylor

3 and Mejia filed charges with the Commission alleging violations of Title VII by

4 Defendant. The Commission investigated and issued Letters of Determination

5 finding that Taylor, Mejia and a class of similarly situated individuals were

6 subjected to a pattern or practice of unlawful sex harassment, and segregation and

7 exclusion from certain positions reserved solely for male employees. The

8 Commission also found that Taylor and Mejia were subjected to retaliation in

9 violation of Title VII for complaining about sex harassment and engaging in other

10 protected activities. All conditions precedent to the institution of this lawsuit have

11 been fulfilled.

12

12. Since at least January 1989, Defendant has engaged in a pattern or

13 practice of unlawful employment practices at its Coachella Valley locations, in

14 violation of Sections 703 (a), 706 and 707 of Title VII, 42 U.S.C. §2000e-2(a)(l)

15 and -6. These practices, include but are not lirnited to, engaging in intentional

16 discrirnination against Taylor, Mejia and a class of female employees by

17 subjecting them to sexual harassment, sex-based harassment, segregating and

18 excluding females employees from certain employment positions, and failing to

19 take prompt remedial action intended to eliminate the harassment after the

20 Defendant became aware of the illegal behavior, all in continuing violation of

21 Sections 703(a) and 707 of Title VII, 42 U.S.C. §2000e-2(a)(l) and -6. The sexual

22 harassment, sex-based harassment, and sex segregation, include but are not limited

23 to, unwelcome touching of female employees' breasts, stomachs, and buttocks,

24 forcing women to engage in unwelcome sexual conduct, soliciting sexual favors in

25 exchange for favorable terms and conditions of employment, unwelcome

26 derogatory comments about women, and unequal opportunities for employment

27 for women.

281

13. Since at least February 2000, on or about the time when Taylor and

4

1 Mejia complained to Defendant about sexual harassment, Defendant has engaged

2 in unlawful employment practices at its Coachella Valley locations, in violation of

3 Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a) by subjecting Taylor, and

4 Mejia to retaliation. The unlawful retaliatory acts that Taylor and Mejia were

5 subjected to, include but are not limited to, lay offs, and failure to re-call.

6

14. The effect of the practice(s) complained of in paragraphs 12 and 13

7 above has been to deprive Taylor, Richardson, and a class of female employees of

8 equal employment opportunities and otherwise adversely affect their status as

9 employees, because of their sex and/or because they engaged in activity protected

10 under Title VII.

11

15. The unlawful employment practices complained of in paragraphs 12

12 and 13 above were intentional.

13

16. The unlawful employment practices complained of in paragraphs 12

14 and 13 above were done with malice or with reckless indifference to the

15 federally protected rights of Taylor, Mejia and a class of female employees.

16

17. As a direct and proximate result of Defendant's aforesaid acts

17 Taylor, Mejia and a class of employees have each suffered emotional pain,

18 suffering, inconvenience, loss of enjoyment of life, humiliation and damages,

19 according to proof.

20

18. As a direct and proximate result of Defendant's aforesaid acts,

21 Taylor, Mejia and a class of employees suffered a loss of earnings in an amount

22 according to proof.

23

PRAYER FOR RELIEF

24

Wherefore, the Commission respectfully requests that this Court:

25

A. Grant a permanent injunction enjoining Defendant, their respective

26 officers, successors, assigns, agents, and all persons in active concert or

27 participation with them, from engaging in any employment practice which

28 discriminates on the basis of sex;

5

1

B. Grant a permanent injunction enjoining Defendant, their respective

2 officers, successors, assigns, agents, and all persons in active concert or

3 participation with them, from retaliating against any employee who engages in any

4 protected activity under Title VII;

5

C. Order Defendant to institute and carry out policies, practices, and

6 programs which provide equal employment opportunities and a non-hostile work

7 environment for female employees, and which eradicate the effects of its past and

8 present unlawful employment practices;

9

D. Order Defendant to make whole Taylor, Mejia and a class of female

10 employees, by providing appropriate backpay with prejudgment interest, and front

11 pay in amounts to be determined at trial, and/or other affirmative relief necessary

12 to eradicate the effects of its unlawful employment practices;

13

E. Order Defendant to make whole Taylor, Mejia and a class of female

14 employees by providing compensation for past and future pecuniary losses

15 resulting from the unlawful practices complained of in paragraphs 12 and 13

16 above;

17

F. Order Defendant to make whole Taylor, Mejia and a class of female

18 employees by providing compensation for past and future non-pecuniary losses

19 resulting from the unlawful practices complained of in paragraphs 12 and 13

20 above, including, but not limited to emotional pain, suffering, inconvenience, loss

21 of enjoyment of life, and humiliation, in amounts to be determined at trial;

22

G. Order Defendants to pay Taylor, Mejia and a class of female

23 employees punitive damages for its malicious andJor reckless conduct described in

24 paragraphs 12 and 13 above, in amounts to be determined at trial;

25

H. Grant such further relief as the Court deems necessary and proper in

26 the public interest; and

27

1. Award the Commission its costs of this action.

28 III

6

1

JURY TRIAL DEIV[AND

2

The Commission requests a jury trial on aJll questions of fact raised by its

3 complaint.

4 Dated:

Septembe:1-0 , 2003

Respectfully Submitted,

5

ERIC S. DREIBAND,

6

General Counsel

7

JAMES LEE,

Deputy General Counsel

8
U.S. EQ:UAL EMPLOYMENT

9

OPPORfUNITY COMMISSION

1801 "L" Street, N.W.

10

Washin (t(jh, D. . pSG'

11

~'l~

12

13

14

15

16

17

18

19
20

21 22 1

23

24

25
26

27

28

7

 
 CM/ECF - California Central District - Docket Report

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(SGLx), CLOSED, MANADR
U.S. District Court CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)
CIVIL DOCKET FOR CASE #: 5:03-cv-01117-RT-SGL

EEOC v. Rivera Vineyards Inc, et al Assigned to: Judge Robert J. Timlin Referred to: Discovery Stephen G. larson Demand: $0 Cause: 42:1981 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Defendant Rivera Vineyards Inc doing business as Blas Rivera Vineyards

Date Filed: 09/29/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Anna Y Park US Equal Employment Opportunity Commission Los Angeles District Office 255 E Temple St, 4th Fl Los Angeles, CA 90012 213-894-1000 Email: thomas.profit@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Esparza-Cervantes US Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415-625-5658 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Shawn E Caine Shawn E Caine Law Offices 1125 Camino Del Mar, Ste D Del Mar, CA 92014 858-350-1660 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William S Marrs Western Growers Law Group 17620 Fitch St Irvine, CA 92614-6032

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Defendant Linda Vineyards Inc
Defendant BR Company
Defendant Oasis Distributing
Defendant Does 1 - 7 inclusive

949-885-2253 Fax: 949-809-6253 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Shawn E Caine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William S Marrs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Shawn E Caine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William S Marrs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Shawn E Caine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William S Marrs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003

#

Docket Text

1 COMPLAINT filed Summons(es) Issd referred to Discovery Stephen G. Larson; Jury trial demanded (am) (Entered: 09/30/2003)

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09/29/2003 09/29/2003 11/05/2003 11/28/2003 12/01/2003
12/19/2003 01/13/2004 03/08/2004
03/10/2004 04/23/2004 04/23/2004 05/10/2004

2 CERTIFICATION OF INTERESTED PARTIES filed by plaintiff EEOC (am) (Entered: 09/30/2003)
3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (am) (Entered: 09/30/2003)
4 WAIVER OF SERVICE of SUMMONS by defendant Rivera Vineyards Inc sent by plf on 10/3/03 (mrgo) (Entered: 11/07/2003)
6 ANSWER filed by defendant Rivera Vineyards Inc, defendant Linda Vineyards Inc, defendant BR Company, defendant Oasis Distributing to complaint [1-1] (am) (Entered: 12/02/2003)
5 NOTICE OF DISCREPANCY AND ORDER by Judge Robert J. Timlin ordering Answer to complaint submitted by defendant Rivera Vineyards Inc, defendant Linda Vineyards Inc, defendant BR Company, defendant Oasis Distributing received on 11/28/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (am) (Entered: 12/02/2003)
7 NOTICE OF CHANGE Of Address filed by atty William S Marrs for defendant Oasis Distributing; New address: 17620 Fitch Street, Irvine, CA 92614-6032; Telephone number (949)885-2253; Facsimile number (949)809-6253 (ad) (Entered: 12/23/2003)
8 MINUTES: ORDER SETTING SCHEDULING CONFERENCE-(FRCP 16(b)): This matter is set for a Scheduling Conference 5/10/2004 11:00 AM by Honorable Robert J. Timlin; Court Reporter: NONE (ad, ) (Entered: 01/16/2004)
9 STIPULATION TO PERMIT PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT; ORDER by Judge Robert J. Timlin : FOR GOOD CAUSE SHOWN, it is hereby ordered that 1. Plaintiff United States Equal Employment Opportunity Commission may file its First Amended Complaint; 2. Defendants waived notice and service of the First Amended Complaint and shall not be required to answer the amendment, and that all denials, responses and affirmative defenses contained in the answer filed by defendants to the original complaint shall be responsive to Plaintiff's First Amended Complaint; IT IS SO ORDERED.(ad, ) (Entered: 03/10/2004)
10 FIRST AMENDED COMPLAINT against defendants BR Company, Does, Linda Vineyards Inc, Oasis Distributing, Rivera Vineyards Inc amending Complaint - (Discovery)[1] ; Jury Demand,filed by plaintiff Equal Employment Opportunity Commission (mrgo, ) (Entered: 03/11/2004)
11 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 14 to 18 days. (am, ) (Entered: 04/26/2004)
12 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney Elizabeth Esparza-Cervantes, William S Marrs on behalf of Defendants BR Company, Linda Vineyards Inc, Oasis Distributing, Rivera Vineyards Inc, Plaintiff Equal Employment Opportunity Commission.(am, ) (Entered: 04/26/2004)
13 ORDER/REFERRAL TO ADR PILIOT PROGRAM by Judge Robert J. Timlin, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the

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05/10/2004
05/18/2004 09/21/2004 09/21/2004 10/27/2004 02/01/2005 02/23/2005 04/04/2005
04/19/2005

settlement conference.(ad, ) (Entered: 05/11/2004)
14 MINUTES: SCHEDULING CONFERENCE: Court and counsel discuss the management of the case. Court ORDERS the following case management schedule: DISCOVERY CUT/OFF (Including Expert) is 2/18/05 (Counsel orally Stipulate that the Interrogatories are Limited to 50 per side and to 20 Depositions per side); PLEADING MOTION CUT/OFF (filed by) is 8/20/04; DISPOSITIVE MOTION CUT/OFF (filed by) is 3/21/05; PRE-TRIAL CONFERENCE is 7/8/05 at 1:30 PM; JURY TRIAL is 7/19/05 at 8:30 AM, EST: 18 Days by Judge Robert J. Timlin; Court Reporter: Phyllis Preston (ad, ) (Entered: 05/11/2004)
15 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that John David Weiss may serve as Attorney Settlement Officer for a Local Rule 16-14 Settlement Conference.(am, ) (Entered: 05/19/2004)
16 NOTICE of Change of Address by attorney Elizabeth Esparza-Cervantes for Plaintiff Equal Employment Opportunity Commission, changing address to 350 The Embarcadero, Suite 500, San Francisco, CA 94105-1260. Telephone (415) 625-5658; facsimile (415) 625-5657. Filed by plaintiff Equal Employment Opportunity Commission (mg, ) (Entered: 09/30/2004)
FAX number for Attorney Elizabeth Esparza-Cervantes is 415-625-5657. (mg, ) (Entered: 09/30/2004)
17 STIPULATION AND ORDER by Judge Robert J. Timlin: Discovery cut-off continued to 3/17/2005.(am, ) (Entered: 10/28/2004)
18 STIPULATION AND ORDER by Judge Robert J. Timlin: Discovery cut-off is continued to 4/18/2005; the last day to file discovery motion is continued to 5/23/05; and the dispositive motion cutoff is continued to 5/18/2005.(am, ) (Entered: 02/17/2005)
19 NOTICE of Association of Counsel associating attorney Shawn E Caine on behalf of Defendants Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, Oasis Distributing. Filed by defendants Rivera Vineyards Inc, Linda Vineyards Inc, BR Company, Oasis Distributing (am) (Entered: 02/25/2005)
20 MINUTES OF IN CHAMBERS ORDER REGARDING JOINT STATUS REPORT by Judge Consuelo B. Marshall: The Court orders the parties inthe above entitled action to meet and confer within 10 days of the date of this Order and to file a joint status report within 15 days thereafter consisting of not more than 2 pages. This report shall include: (1) Summary of the case (briefly describe the facts surrounding your case); (2) Status of the Case (previous rulings, pending motion, what, if any, future action will be require); (3) Suggestion of procedures that would result in resolution of the case; Additionally, Plaintiff should forward a courtesy copy of the filed joint status report to Chief Judge Consuelo B. Marshall at the United States District Court, 312 North Spring Street, Los Angeles, California 90012.Court Reporter: n/a. (shb, ) (Entered: 04/05/2005)
21 JOINT STATUS REPORT AND ORDER by Judge Robert J. Timlin: Status Conference set for 6/20/2005 08:30 AM before Honorable Robert J. Timlin.(am, ) (Entered: 04/19/2005)

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05/04/2005
05/23/2005
05/23/2005 06/14/2005

22 MINUTES OF (IN CHAMBERS)Notice To All Parties And ORDER by Judge R. Gary Klausner : After review of the Joint Status Report submitted by the parties, the Court hereby orders the parties to appear for a Status Conference set for 5/23/2005 09:00 AM before Honorable R. Gary Klausner.Court Reporter: not reported. (bg, ) (Entered: 05/05/2005)
23 MINUTES OF Status Conference before Judge R. Gary Klausner : Court and counsel confer. Counsel inform the Court that the matter is close to settlement. The Court continues the Status Conference to 6/27/05 at 9:00 am. If the dismissal is filed before 6/27/05, no appearances will be necessary.Court Reporter: Lynne Smith. (bg, ) (Entered: 05/24/2005)
Set Deadlines/Hearings: Status Conference set for 6/27/2005 09:00 AM before Honorable R. Gary Klausner. (bg, ) (Entered: 05/24/2005)
24 CONSENT JUDGMENT by Judge Robert J. Timlin in favor of Equal Employment Opportunity Commission and against plaintiff Equal Employment Opportunity Commission. The Court hereby retains jurisidcition and the provisions of the foregoing Consent Decree and hereby approved and compliance with all provisions thereof is fair and adequate. (MD JS-6, Case Terminated)(am, ) (Entered: 06/15/2005)

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 Rivera Vineyards Settles EEOC Suit Alleging Sexual Harassment, Retali...

http://www.eeoc.gov/press/6-15-05.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE June 15, 2005 JOINT PRESS RELEASE

CONTACT:

Anna Y. Park Regional Attorney (213) 894-1080
Dolophius E. Perry District Director (213) 894-1112
Elizabeth Esparza-Cervantes Trial Attorney (213) 894-1083
Attorney for Defendants Shawn Caine, (858) 350-1600
TTY: (213) 894-1121

RIVERA VINEYARDS SETTLES EEOC SUIT ALLEGING SEXUAL HARASSMENT, RETALIATION, JOB SEGREGATION
Landmark Million Dollar Settlement for Latino Farm Workers in Southern California
LOS ANGELES – A class of Latino farm workers at Rivera Vineyards will share $1,050,000 in one of the largest employment discrimination settlements by the U.S. Equal Employment Opportunity Commission (EEOC) in the agribusiness industry. The agreement covers a group of employees, mostly Hispanic women, who were allegedly sexually harassed, retaliated against for complaining, and segregated into certain jobs based on gender.
Rivera Vineyards and its affiliated companies, prior to this litigation, were the largest growers and packers of table grapes, encompassing more than 2,000 acres of vineyards in California’s Coachella Valley. The settlement, obtained by the agency’s Los Angeles District Office under Title VII of the 1964 Civil Rights Act, will benefit a class of women who were allegedly sexually harassed, including one who was allegedly raped; a class of workers who were allegedly fired and not hired back after opposing the harassment; and a class of women who were denied certain job opportunities in positions of pruning, vine tying, girdling, swamping (loading field trucks) and irrigating.
In addition to the $1,050,000 monetary settlement, the company also agreed to a Consent Decree to last three to eight years that provides significant injunctive remedies, including:
Reinstatement for workers who were allegedly wrongfully terminated;
Hiring of an outside consultant specifically to handle complaints of harassment;
Implementing anti-discrimination policies and procedures;
Providing EEO training for managers and employees;
Establishing anti-discrimination and retaliation complaint procedures;
Hiring goals for positions that were not open to women; and
Reporting to the EEOC to show compliance with the Consent Decree.
Eric Dreiband, General Counsel for the Commission, who participated in a press conference to announce the landmark settlement, said: “I commend both the individuals who sought the EEOC's assistance and Rivera Vineyards for taking this case seriously and for doing what is right to ensure a workplace free of discrimination."
Rivera's trial counsel, Shawn Caine, and general business counsel and chief negotiator, Charles Ellis, said Rivera Vineyards vehemently denied the allegations. Ellis said, “Rivera Vineyards made a practical business decision that the settlement terms presented an economic arrangement which, when balanced against the overall costs of completing the litigation process, was clearly advantageous. Moreover, while sincerely hurt and offended by the allegations, Rivera Vineyards’ core beliefs and support for Title VII convinced them that the negotiated settlement would add considerable weight to the EEOC’s cause at a cost benefit to all concerned when compared with litigation. Thus, the settlement presented Rivera Vineyards with a win/win situation- a confirmation of their long term support of the goals of Title VII and economic advantage to all parties.”
The EEOC’s lawsuit was filed on September 5, 2003, in the Eastern Division of the Federal District Court for the Central District of California (EEOC v. Rivera Vineyards, Inc., et al, Case No. CV-01117-RT-SGL), after the agency

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Rivera Vineyards Settles EEOC Suit Alleging Sexual Harassment, Retali...

http://www.eeoc.gov/press/6-15-05.html

first attempted to reach a voluntary pre-litigation settlement.
Specifically, the EEOC alleged that some of the women were subjected to touching, groping, breast grabbing, leering, and derogatory comments. EEOC also alleged that when a longtime employee tried to complain about the harassment, she and her entire crew were terminated and not hired back. The EEOC further alleged that women were excluded from certain jobs at the vineyard.
Anna Y. Park, Regional Attorney for the EEOC’s Los Angeles District Office, said, “We hope this case will give other farm worker women the strength to come forward if they are facing workplace harassment or retaliation. The EEOC is determined to erase barriers to justice by actively investigating farm workers’ claims of discrimination and seeking judicial enforcement of the law, when necessary.”
Olophius Perry, Director of the EEOC’s Los Angeles District Office, said, “I am pleased with the results of this case and commend Mr. Rivera for implementing sweeping policy changes for his company. We hope other employers in the agricultural industry take Mr. Rivera’s lead in proactively ensuring a workplace free of harassment.”
The EEOC is the federal government agency responsible for enforcing the nation's anti-discrimination laws in the workplace. Further information the EEOC and on the Freedom to Compete Award is available online at www.eeoc.gov.
This page was last modified on June 15, 2005.

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