Wtt0t,~sM R~ i AMAYO- #084965 ~ONAT~ JAN To PECK -- #12303 (VA)

UNITED STATES DISTRICT COUR~I NO HERN DISIRICT OF CALII:ORNtA

i] EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
[5 PRIMA FRU KI°A PACKING, INC., L ~ESUS GONZAL LABOR CONTRACTOR. and AG ST LABOR CONTRACTOR,
~7 De fer~d~::~s.

COMPLAINT Civil Ri}~hts - Employment Disc]~ ation
DEMAND FOR ]URY 1 RIA[~

NATURE OF THE ACTION Hds action s br~ugh~ !>ursuan~ ~o ride V:I or the Civil Righ[s Ad of 1964 and Title I of @e Civil Ri.ghts Act of 1991 ~o correct unlawful emp]o~ ment ~gractice;s on the

(J ha:~l[::~l f a~t~e~ Ih :sctlfa Botcllo Diana ("crvantes Maria Garcia, Ana S

25 ]~adiHa, Maria 5:H:tos~ Flora Solorio Manuel Ga~c[a, Ra:A Iiosas and sl:nliarl~ situated

~ lislmnic ernpbyees to un[awhJ ]mrassmen[ base(] on tbek s~x and/o~ na~iona~ orff%hu and 5uNec~cd Char£in£ Part~ Oiarm Curvantes [o ualawhs] rctafialion ~S[sr she /om.~p]a:med about and/or .......rdec[cd the unlawful harassment

~3~, 1343 and 134s. ~h~s achon ~s authonxed and ms~h~ted pursuant [o ~706{’0(I) and

[3) of Tff~e VII of d~e C]fv~l Rifih~ Ac~ of 19~, as amend~d, 42 U.S.C% ~200(M<5(f}(I) and

(: } ( T£Ie VII ~ and glO2 o{ ~he Civil Rights Act of 1991,42 U.SX~Z ~]9S]a.

~

The us]awful emp]o)qnentpractices, aHe~ed ........ herein were con~m~Ked in thu

Sta~e of Ca][Rmia thus venue is proper "in ant, ~udida~ dis~ict h~ ~he State in which the

]1 un]a~ fu[ eruulovment practice fs aHesed to have been comm~ted." (~7@6(f)(3) of Tide

i2 ’df[~ 42 [fJ~S~(f ~2000~>5(f){3}~ V@~ue ~s ~herefore proper in [he Uni[ed S~a~es Dishict

i3 Cou,ri for the Northern l}birict of California.

~4

~NTRADISTR[CT ASSI NMENT

{’his action is appropria~e ~or assignment ~o ~a~ Frandsco~ Oakhnd as ~t~

ad nfin~s~rai,~vc cbsr~es tmdcr[ying this~ case were ~nven[i~ ga~ed h~ d-~e San Francisco

17 ~*etated to Omt invest garcon are m San Francisco, C¢ unsd for Defendant P~n~a F:autta

19 Packin£, l:nc ~s likewise located in Ban Francisco PARTIES

Naintiff, l-he Equal Empb3 ment Oppo~ [mq~t*~ CommmsH n ~2

23 2~ to briton. @~n ac~um b~~ 9/Lo(O([~ and 60 o:1 Tffle % I], ~2000<’(0(1} and (3).

2~

8: eibndant I: rima Frutia Packi:n<, [nc~ ( ’Prk~m }:r~tta" } is a Cabfornis

corpora~n, doin~ busin~:ss ir~ d~e S~ab/~ of California. in the Cou~~ of San Joaquh’~, and

~7

2~

CZ[:ifornia, in [he County of San ]oaqub< and ha~ continuously had a~ ~eas~ 15

-

) * ’

~ , %’e =,t Labor ( on~rador Ag }~est } ~s a hcensed Califorma

5 agr~cuItu~a] lab~ r ~onh actor, doing business fn the State of California, in the Coun<~"

7

x

At all relevant times. Defendants Prhna Frutta, J. Jesus, , Go~zaiez. :. and -~"~:’4

within £he meanin8. of Section 701 (b),. (g} and (h) of Tk]e VIL 42 U.9.C.. ~2@}Ge(b}, fO a~td

11

9~ At aI[ teleran{ dines, Defendan[ f)~ima Fru~a was the sole en~ployer of

~2

[3 ~_myb Fees for purposes of {~tL. VII

15 :omt empI% ors of Charg:ng Pa~ tie~, PnscJ]a Bote]lo~ Ma~ia Garcia Ana S,.

~ 7 and similarly sftuated women and/o," Mispamc emp{ovees ~or purposes of T:~tb VH

19

ll. At a[] relevant thanes. Deh~ndant-~ Prima Frutta and Ag We~t were

2t) cmp~oycrs o[ Chn~Gmg [arties Mermila Munztua, Lehcm Mungum, Rosa PadJla., Rau]

21 Ru~sas, and similar~,: situ~:~ted women and/or Mispanac emplevees. , ~or ~m’posesof.......

22 VII ]iabitit,

23

~TATEMFNT OF CI

24

FIRST CLAIM FOR RELIEF

95

27 z8 P;~rtics Prisci~h~ [~ote~k~. l)~ana Cer,, a~te~-, Maria Garcia, Anal3, <eci]ia~ GonxaIez,

Bibiana Lazaro, Maria Mayorga. He£mfla MmGuim bo[icia Mung/a~a~ Rosa Fad~Ha~ 5daria Sa~os, and Nora 5<floio £~ed char~es w~ ~h P]a~n@Y Co:mnjss~on aHeZmS
lawsuit have been fu~@ied 23. Since a[ bask May ], 2000 O r~dan[~ have engaged in un[awhJ p~rac%kes
7 sub~cckin~ ~hc Chargin8 Parties Haled in Para~waph i2 of ~his Comp]ah-~[ and o[h~r women to a hos~k< abusers ~ntimida{ing a-sd oKensive work environm~n~ because of thei~ sex 14~ The e{kct o~ the actiolm c()m p~ained of m Para 8raph ] 3 above has been to deprive the Chargm8 PaH}es listed in Paragraph ~ 2 of dis Conpiain{ and other similaN v situated women of equai employment ~pportunities and oihcrw:ise adverse[},
l 5~ Ylse unlawful employment ] }rac~ce~ cc}m] Jained of in Paragraph 1 were intentional
16. The unlawful emNownent pracdces c{n~p~ah~ed of in Para ~,ra;~h 13 above ~7 were done w~h malke c,r w~Ih reckless indifference [o @c fede~aIlv pro~ccted righLs
the Charsmg Par@es ~lsted fn Paragraph t~ 2 of this Corn plaint and other
SECOND CLAIM FOR RELIEF
1K
la Mort~ than ~hirP," days prior to ~hc h~stffudon of ~h~s lawsui[, [he Charging ParNes listed b~ Paragraph 12 of Ibis (i’omplah~l. and Ct~ar~in8 P;~rties Manuel G~;~rcia 26 and l<~:~u~ Ross tiled charaes wi~h [?laintff~ Co ission alleging vk~ladons of T[t~e VII 27 b~ Defendants. All cozdit[ons precc-dent to [t~e fnstitution of N’fls ]awmit have b~:cn

2 of nadonal ori~~n discrimination ~q violation ~703(a){~I_) ~nT~"de %" Ii. 42 t] S C. ~2000e 2(a){l) by subjecting [l~e CharonG farhes hated m Pt~ragraph:s 12 and 18
4 h~timldathG and offensive work environment b<<ause of [heir nadonat origim 20, The effect of the actions complam~ d of m P~ra~aph 1 ~ atone has been
7 deprive Charging Par ~[es a~d o~her ] ~{is parucs of equal employment[ oppor [u ni des and

were intentional.

29 The unlawful emoiovmen~ prac[kes comp]ained of h~ ParaS~-aph 19 above

12 w~rc ..d..o..l..~..e...w.. ith malice or v¢ith reckless indifference to the fec[era[1) p,’ rotected ri~,hts of

~3 the Charging Pardes lis~ed in Paragraphs 12 and ]8 of @is Complaint and oth~r

sfmilarl: sitt~a~ed }lib panic em ~ Io~ ees

t5

THIRD CLAIM FOR RELIEt:

Viola[ion of Tide VII of Civil Ri

17 23, Plaintiff Commission hereby iscorpora tea the a [kG a dov~s of Para~,~ ra[.~h~ 3

in[ersecdona] dis<imination based on boN: sex and nadonal ohSm in vh ~lation 21
~703(a){1} of Tide VII, f2 U.SiL 52{]00e-2(a)(]) by subj~:ecdng the Charf4ing; Parkies listed 22
Par%g~aph 12 ~f dfls Comp]ai~ and other similar[ y situated } ~ispanic women ~<~ a
abusive ~ntimidadn~; and offensive work environmer~t because of their sex and 24
::atio~:ai ori~[m.

:imilartv sih:ak~d Misp;:nic women o~ equa: emplc<v:nen: :pp<:rhmith~s and od:erwise

2 The ~/~niawhsl <tmp]ovmen~ practices compJah~ed of ~n Pm~a ph 24 abow ~

Charging Parties listed m Paragra:~h 12 cd this Corn plaint and other

FOURTH CLAIM FOR RELIEF Violation of TRio VH of Civil Ri s Act Based on Relcai:ia{ion

khrough 11 above as through fully set forth h:~r~tin.

]’]

29. [n addidon ~o the above<referenced har~smenL Defktnda~t P~ma grut~a

~2 engaged in untawful empl0wncn~ prac{ices in violation of 5 {a) of Tide Vl~, 42 US,C,

~3

~4 Cervantes in rda]ia:t~on for h~:~r ~pposi{ion to and r~@ct[on of the discrim[nathm

15 reb<:renced herein a~ Paragrapt~s 13, 19 and 24, i uding bu{ not limited te ~hc

~ermhmtion of Charging Parb¢ Cervantes employ~nenL

]7

~O. The dTect o~ ehe achon complained o{ in l~aragre]~b 29 above has been

2~ were i~ten kio:nal 32 Yh, e unlawf@ Iovm£~nt pradices complained o~ in Parasra])h 29 ahoy{~
were~ do~o w~[h malice or w]th r~,ckk, ss i~dific~rence [o ~he federally protected ri~.hts of 2~
PRAYER FOR RflffEF
27 and all persons acdng in concert or par~icipa~£on with @era ~’rom

2 Order D ndan~s ~o ~nsHm~e and car~v ~m~ po~cies~ prac~k~es, and
prosrams whkh prohfb}t harassmen~ based on sex and/or ~]ai[cma~ o~sin and

sih~a~ed wome~ and H~spamc employees harmed, by p~evid~n8 appropriate ba(i pay

erad:tcate [h{ cffec[b of ~hen m~iav~ fu] ,:.mpbw~em practices, includinq bu[ not Hm~ fed ~o re nstatemcn k and/or tron~ paF and ofher appropJa~e relief ~o be de[ermined at trb~ L
Order D(:fendBnt:s to make who~e Ch~R~ng Par~ies a~d {~ther simih~rly

situated women and 1 Iispanic emp]oyees harmed bv prov ~d~ng compensation hw past

and future pecu~fiarv. . ]oa~eres~@...d.ng:, from, the unIawful ~m

fie }m~en~ pracfice~ .....

c~mt~la haed of abo~ e~ ind ud~n~: but n~ Iimited to such ont-of-pocket ex penses as med~ca~ car~ ~t~c~tssita~ed by Defendant~ unIav, ~I conduc[, m amounts ~o be

de~enTdned at tN aL

situated women and Mbpamc employees harmed by providing compensathm ~or past a n d f u k u re ~o n pec uma r}’ k?sses resul ~3ng from the u al a,~fu ~ pr}~ ct~ c~s compIa ined of

Order Defendanks [o pay Chargm~ } arhe~ and othur mm~hu h s~h~ated and R’ckless conduc[ described abow~, in amounts h)be ddcrnjned at trial

DEM D FOR J Y TRIAL the m’ovisions of Fede~’aI Rule of Civil Prc£edure 38{bL P]ah~[iff
Genera[ James L, Lee Dept4v General Counse~

20(}3

{ Z_

2003

Commbsion 1801 L Street,

Equal Employmen~ Opportuni%Commissio~ Sm~ Franc sco Dis~ict Office 90l Mmket >treet StJte 500
Sm~ Francf~-o. CA 94103

 
 Case 3:03-cv-04237-PJH Document 21 Filed 03/11/2004 Page 1 of 4

1 WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 CINDY O'HARA -- #114555 (CA) LUCILA G. ROSAS - # 187345 (CA)
3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
4 San Francisco District Office
350 The Embarcadero, Suite 500
5 San Francisco, California 94105
Telephone: (415) 625-5653 6 Facsimile: (415) 625-5657

CHAMBERS COpy

7 Attorneys for Plaintiff Equal Employment Opportunity Commission

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUAL EMPLOYMENT OPPORTUNITY )

12 COMMISSION,

) )

Plaintiff,

)

13

)

14 v.

) )

15 PRIMA FRUTTA PACKING, INC., J.

~

JESUS GONZALEZ LABOR

)

16 CONTRACTOR, and AG WEST LABOR )

CONTRACTOR,

)

17

)

Defendants.

)

18

Civil Action No. C-03-04237 PJH CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND J. JESUS GONZALEZ LABOR
CONTRACTOR unCI PlZJ)£1(,
E-Filing

19

Plaintiff Equal Employment Opportunity Commission ("Commission") filed this action

20 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

21 remedy alleged unlawful employment practices based on gender and national origin

22 discrimination. The Commission alleged that Defendant J. Jesus Gonzalez Labor Contractor

23 ("Gonzalez") failed to take appropriate action to address unlawful harassment based on gender

24 and national origin, in violation of Title VII, which allegedly had occurred at one of the client

25 employers to whom Gonzalez provided employees. Gonzalez denies all of the Commission's

26 aUegations. The Commission and Defendant Gonzalez now seek to resolve this action as to

27 each other without further contested litigation by executing this Consent Decree. This Consent

28
Consent Decree Between the Equal Employment Opportunity Commission and J. Jesus Gonzalez Labor Contractor Page I

Case 3:03-cv-04237-PJH Document 21 Filed 03/11/2004 Page 2 of 4

1 Decree is not an adjudication or finding on the merits of this case and shall not be construed as

2 an admission of a violation by Gonzalez.

3

The Court has reviewed this Consent Decree in light of the pleadings, the record herein,

4 and the applicable law, and now approves this Consent Decree.

5

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

6 GENERAL PROVISIONS

7

1. This Court has jurisdiction over the subject matter and the parties to this action.

8 This Court retains jurisdiction over this Consent Decree during its term.

9

2. This Consent Decree constitutes a full and final resolution of Plaintiff's

10 Complaint against Gonzalez and the underlying charges of discrimination, EEOC charge

11 numbers 375AI0126, 375Al0128, 375AI0130, 375AlO132, 375AI0134, 375A200042,

12 370A200542, and 370A200536.

13

3. This Consent Decree will become effective upon its entry by the Court.

14

4. This Consent Decree is final and binding upon the parties to it, their successors

15 and assigns.

16

5. The Commission and Gonzalez will each bear their own costs and attorneys fees

17 in this action.

18 GENERAL INJUNCTIVE RELIEF

19

6. Gonzalez and its current officers, agents and employees will comply with all

20 requirements of Title VII with respect to providing a work environment free from

21 discrimination, including harassment, on the basis of gender and/or national origin.

22

7. Gonzalez and its current officers, agents and employees agree not to retaliate

23 against Priscilla Botello, Maria Garcia, Ana S. (Cecilia) Gonzalez, Bibiana Lazaro, Maria

24 Mayorga, Maria Santos, Flora Solorio, and Manuel Garcia ("Charging Parties") for having

25 testified or participated in any manner in the Commission's investigation and the proceedings

26 in this case.

27 III

28 III

Consent Decree Between the Equal Employment Opportunity Commission and 1. Jesus Gonzalez Labor Contractor Page 2

Case 3:03-cv-04237-PJH Document 21 Filed 03/11/2004 Page 3 of 4

1 SPECIAL INJUNCTIVE RELIEF

2

Non-Discrimination Policies

3

8. Within sixty (60) days of the entry ofthis Consent Decree, Gonzalez will revise

4 its non-discrimination policy so it describes what constitutes gender-based and national origin-

5 based discrimination and harassment, explains that such discrimination and harassment are

6 illegal, and sets out a complaint procedure for employees who believe they have been the

7 subject of gender and/or national origin-based discrimination and/or harassment. Counsel for

8 the Commission wiJl review these revisions to determine if they comply with the

9 Commission's guidelines.

10

9. Within seventy (70) days of the entry of this Consent Decree, Gonzalez will

11 have the non-discrimination policies referenced in paragraph 8, above, translated into Spanish,

12 and a copy distributed to all employees then employed by Gonzalez.

13

10. Gonzalez will provide the non-discrimination policies referenced in paragraph 8

14 to all new employees when they are hired. The term "new employees" will include both

15 employees who have never before worked for Gonzalez and returning employees. This

16 distribution of the policy wiJl take place at the beginning of every packing season for each

17 product.

18

Training

19

11. If, at any time during the term of this Consent Decree, Gonzalez has any

20 laborers in its employ, it will have ninety (90) days in which to train all supervisors and

21 managers regarding gender-based and national origin-based discrimination. This training wiJl

22 include information on a supervisor's responsibilities when an employee complains that

23 gender-based or national origin-based harassment has occurred at a facility with which

24 Gonzalez has a labor contract. This training wiJl be repeated within a year from the date that it

25 is first provided.

26

Record Keeping, Reports

27

12. Within thirty (30) days after completing the training described in paragraph 11,

28 above, Gonzalez will mail to counsel for the Commission a report containing the date(s) of

Consent Decree Between the Equal Employment Opportunity Commission and J. Jesus Gonzalez Labor Contractor Page 3

Case 3:03-cv-04237-PJH Document 21 Filed 03/11/2004 Page 4 of 4

I training, list(s) of all attendees, and copies of all materials distributed at the training.

2

13. Once every six (6) months, to be measured from the date of entry of this

3 Consent Decree and continuing for the duration of this Consent Decree, Gonzalez will notify

4 counsel for the Commission in writing if it has received any complaints of discrimination

5 and/or harassment based on gender or national origin, what steps were taken in response to

6 such complaints, and how the situation was resolved.

7 EXPIRATION OF CONSENT DECREE

8

14. This Consent Decree constitutes a full and final resolution of all the

9 Commission's claims against Gonzalez in this action. This Consent Decree will expire two (2)

10 years after its entry by the Court, provided that Gonzalez has substantially complied with the

II terms of this Consent Decree. The Commission agrees to give Gonzalez advance written

12 notice of any alleged failure to comply with the terms of this Consent Decree and a reasonable

13 opportunity to cure any alleged breach before seeking Court relief for breach of the Consent

14 Decree. Gonzalez will be deemed to have complied substantially if the Court has not made any

15 findings or orders during the duration of the Decree that Gonzalez has failed to comply with

16 any of its terms.

17 E-Filing Concurrence: I, Cindy O'Hara, attorney for Plaintiff EEOC, attest that I have

18 obtained the concurrence of Lori Bean, attorney for Defendant J. Jesus Gonzalez Labor

19 Contractor, for the lodging of this Consent Decree.

20 On Behalf of Plaintiff Commission: 21 Dated: 3/8/2004 22 Equal Employment Opportunity Commission 23 lSI
WILL""I"A--M7'R=-O.T;;-A".M....A...'''''y""OO---24 Regional Attorney 25 /S/
J0 N'"A"T"'H"A""'N7 p""E""C""K",-----
26 Supervisory Trial Attorney

On Behalf of Defendant J. Jesus Gonzalez Labor Contractor:
Dated: 3/812004
Epstein, Becker & Green
lSI
[Om~B~InEN~--------
Attorneys for Defendant J. Jesus Gonzalez

27 /S/

CIND~y~O~'H"A~RA~----

28 Senior Trial Attorney

.

a¥';.i& '6onzatez Consent Decree Between the Equal Employment Opportunity "blMllSSlOil

Labor Contractor

Page 4

 
 Case 3:03-cv-04237-PJH Document 25 Filed 04/19/2004 Page 1 of 6

1 WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA)
2 CINDY O'HARA -- #114555 (CA) LUCILA G. ROSAS - # 187345 (CA)
3 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 4 San Francisco District Office
350 The Embarcadero, Suite 500 5 San Francisco, California 94105
Telephone: (415) 625-5653 6 Facsimile: (415) 625-5657

7 Attorneys for Plaintiff Equal Employment Opportunity Commission

8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10

11

EQUAL EMPLOYMENT OPPORTUNITY )

12 COMMISSION,

)

)

13

Plaintiff,

)

)

14 v.

)

)

15

)

PRIMA FRUTTA PACKING, INC., J. JESUS)

16 GONZALEZ LABOR CONTRACTOR, and )

AG WEST LABOR CONTRACTOR,

)

17

)

Defendants.

)

18

)

Civil Action No. C-03-04237 PlH CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND PRIMA FRUTTA PACKING, INC.
E..Filing

19

Plaintiff Equal Employment Opportunity Commission ("Commission") filed this action

20 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct

21 alleged unlawful employment practices on the basis of discrimination based on sex and national

22 origin, and to provide appropriate relief to individuals who the Commission alleged were adversely

23 affected by such practices. The Commission alleged that Defendant Prima Frutta Packing, Inc.

24 ("Prima Frutta") subjected employees to unlawful harassment based on their gender, their national

25 origin or both, in violation of Title VII. Defendant Prima Frutta conducted an investigation and has

26 denied all ofthe above referenced allegations and claims. The parties engaged in private mediation

27 proceedings and have reached agreement which they incorporate into this Consent Decree. The

28 Commission and Defendant Prima Frutta now seek to resolve this action as to each other and as

Consent Decree Between the Equal Employment Opportunity Commission and Prima Frutta Packing, Inc.

Page 1

Case 3:03-cv-04237-PJH Document 25 Filed 04/19/2004 Page 2 of 6

I between Prima Frutta and the Charging Parties without further contested litigation through the

2 instant Consent Decree. This resolution does not constitute an admission of liability on the part of

3 Prima Frutta, nor constitute a finding on the allegations stated in the Commission's Complaint.

4

The Court has reviewed this Consent Decree in light ofthe pleadings, the record herein, and

5 the applicable law, and now approves this Consent Decree.

6

THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

7 GENERAL PROVISIONS

8

I. This Court has jurisdiction over the subject matter and the parties to this action FOR

9 PURPOSES OF THIS CONSENT DECREE. This Court retains jurisdiction over this Consent

10 Decree during its term.

II

2. This Consent Decree constitutes a full and final resolution of the Commission's

12 claims against Prima Frutta in this action.

13

3. This Consent Decree will become effective upon its entry by the Court.

14

4. This Consent Decree is final and binding upon the parties to it, their successors and

15 assIgns.

16

5. The Commission and Prima Frutta will each bear its own costs and attorneys fees in

17 this action.

18

6.

Nothing in this Consent Decree constitutes an admission or determination that any

19 ofthe Charging Parties referenced in Paragraph 8 below, who are or were employees of Defendant

20 J. Jesus Gonzalez Labor Contractor or Defendant Ag West Labor Contractor, were or are also

21 employees of Prima Frutta, which Prima Frutta denies.

22 GENERAL INJUNCTIVE RELIEF

23

7. Prima Frutta and its current officers, agents, employees, and suppliers of goods and

24 services will comply with all requirements ofTitle VII with respect to providing a work environment

25 free from discrimination, including harassment, on the basis of gender and/or national origin at the

26 Prima Frutta premises. Prima Frutta will require such compliance from all farm labor contractors

27 providing services to Prima Frutta in the contracts by which such farm labor contractors are hired.

28

8. Prima Frutta and its current officers, agents, employees agree not to retaliate against

Consent Decree Between the Equal Employment Opportunity Commission and Prima Frutta Packing, Inc.

Page 2

Case 3:03-cv-04237-PJH Document 25 Filed 04/19/2004 Page 3 of 6

1 Priscilla Botello, Diana Cervantes, Maria Garcia, Ana S. (Cecilia) Gonzalez, Bibiana Lazaro, Maria

2 Mayorga, Hennila Munguia, Leticia Munguia, Rosa Padilla, Maria Santos, Flora Solorio, Manuel

3 Garcia, and Raul Rosas ("Charging Parties") for having testified or participated in any manner in the

4 Commission's investigation and the proceedings in this case.

5 SPECIAL INJUNCTIVE RELIEF

6

Non-Discrimination Policies

7

9. By the startofthe 2004 cherry season, Prima Frutta will revise its non-discrimination

8 policy to discuss gender-based and national origin-based discrimination and harassment. Said policy

9 will contain materials from the Commission describing what gender-based and national origin-based

10 discrimination and harassment are and why they are illegal. Said policy will also revise Prima

11 Fruita's discrimination complaint procedures to assure a fair and effective complaint procedure, with

12 alternative routes for individuals to complain. Said revisions will be provided to counsel for the

13 Commission.

14

10. By the start of the 2004 cherry season, Prima Frutta will have translated the non-

15 discrimination policies referenced in paragraph 9 above into Spanish, and will have distributed a

16 copy to each employee of Prima Frutta as well as to the supervisory personnel of each of the fann

17 labor contractors providing labor to Prima Fruita for the 2004 season. The fann labor contractors

18 will be instructed to distribute copies ofthe non-discrimination policies to each employee ofthe fann

19 labor contractor who will work at Prima Fruita's premises. In addition, the contracts by which Prima

20 Fruita hires farm labor contractors shall require each farm labor contractor to comply with the

21 provisions of Paragraphs 9,10 and 11 of this Consent Decree.

22

11. At the commencement of each packing season for each product, Prima Frutta will

23 distribute the non-discrimination policies referenced in paragraph 9 above to all Prima Frutta

24 employees and to the supervisory personnel of each ofthe fann labor contractors providing labor to

25 Prima Fruita for that season. The fann labor contractors will be instructed to distribute copies of the

26 non-discrimination policies to each employee of the fann labor contractor who will work at Prima

27 Frutta's premises.

28 II

Consent Decree Between the Equal Employment Opportunity Corrnnission and Prima Frutta Packing, Inc.

Page 3

Case 3:03-cv-04237-PJH Document 25 Filed 04/19/2004 Page 4 of 6

Training

2

12. No later than ninety (90) days from the entry ofthis Consent Decree, Prima Frutta will

3 use an outside consultant, paid for by Prima Fruita, to train all employees who are (I) responsible for

4 supervising or managing other Prima Fruita employees or who are (2) responsible for interacting with

5 farm labor contractor supervisors, with regard to gender-based and national origin-based

6 discrimination. This training will be repeated at the beginning ofthe cherry packing season each year

7 for the duration of this Consent Decree.

8

13. No later than ninety (90) days from the entry of this Consent Decree, all members of

9 Prima Fruita management will undergo training, from an outside consultant paid for by Prima Fruita,

lOin employee and/or personnel relations.

II

Record Keeping, Reports and Posting

12

14. Within thirty (30) days after completing the training described in paragraph 12, Prima

13 Fruita will mail to counsel for the Commission a report containing the date(s) of training, list(s) of

14 all attendees, and copies ofall materials distributed at the training. Ifthese documents are not timely

IS received by counsel for the Commission, then the Commission shall give Prima Fruita written notice

16 that the documents have not been received and shall give Prima Fruita IS calendar days to submit

17 the required documents. The failure of Prima Fruita to provide said documents to counsel for the

18 Commission shall not be a violation of this Consent Decree unless and until the passage of the IS

19 day period following the wrilten notice from the Commission to Prima Fruita.

20

IS. Within thirty (30) days after completion of the training described in paragraph 13,

21 Prima Fruita will mail to counsel for the Commission certification ofcompletion ofthe training from

22 the training provider. If these documents are not timely received by counsel for the Commission,

23 then the Commission shall give Prima Fruita written notice that the documents have not been

24 received and shall give Prima Fruita IS calendar days to submit the required documents. The failure

25 of Prima Fruita to provide said documents to counsel for the Commission shall not be a violation of

26 this Consent Decree unless and until the passage ofthe IS day period following the written notice

27 form the Commission to Prima Fruita.

28

16. Once every three months, to be measured beginning at the date of entry of this

Consent Decree Between the Equal Employment Opportunity Conunission and Prima Frutta Packing, Inc.

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Case 3:03-cv-04237-PJH Document 25 Filed 04/19/2004 Page 5 of 6

1 Consent Decree and continuing for the duration of this Consent Decree, Prima Frutta will notify the

2 counsel for the Commission whether it has received any complaints of discrimination and/or

3 harassment based on gender or national origin, what steps were taken in response to that information,

4 and how the situation was resolved. The first required notification will be due three months after

5 the entry of this Consent Decree. If these documents are not timely received by counsel for the

6 Commission, then the Commission shall give Prima Frutta written notice that the documents have

7 not been received and shall give Prima Frutta 15 calendar days to submit the required documents.

8 The failure of Prima Frutta to provide said documents to counsel for the Commission shall not be

9 a violation of this Consent Decree unless and until the passage of the 15 day period following the

10 written notice form the Commission to Prima Frutta.

11

17. Defendant will post the agreed-upon Notice, a copy of which is attached as Exhibit

12 A, in a clearly visible location frequented by employees and other workers on Prima Frutta's

13 worksite, during the term ofthis Consent Decree. Defendant will monitor the Notice and will replace

14 the Notice ifit is defaced or removed.

15 MONETARY RELIEF

16

18. Prima Frutta will pay the sum of Two Hundred and Thirty-five Thousand dollars

17 ($235, 000.00), such monies to be allocated among the Charging Parties and similarly situated

18 employees as determined by the Equal Employment Opportunity Commission, as damages and in

19 complete satisfaction of the Commission's claims against Prima Frutta as set forth in its Complaint.

20 These sums will be paid by check directly to each individual in his or her name, and will be sent to

21 each via certified mail, at addresses to be provided to Prima Frutta by the Commission. A copy of

22 said checks and their transmittal letters will be sent to Commission counsel Cindy 0 'Hara at the San

23 Francisco District Office. The Commission will obtain Title VII releases from each Charging Party

24 and from any other party to be paid under the terms of this Consent Decree, in the form set forth in

25 attached Exhibit B. Said checks will be transmitted by Prima Frutta no later than seven (7) business

26 days after the written request by the Commission and transmittal of the signed releases to Prima

27 Frutta.

28 II

Consent Decree Between the Equal Employment Opportunity Commission and Prima Frutta Packing, Inc.

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I EXPIRATION OF CONSENT DECREE

2

19. This Consent Decree constitutes a full and final resolution of all the Commission's

3 claims against Prima Frutta in this action. This Consent Decree will expire five (5) years after its

4 entry by the Court, provided that Prima Frutta has substantially complied with the tenns of this

5 Consent Decree. The Commission agrees to give Prima Frutta advance written notice ofany alleged

6 failure to comply with the terms of this Consent Decree and a reasonable opportunity to cure any

7 alleged breach before seeking court relief for breach of the Consent Decree. Prima Frutta will be

8 deemed to have complied substantially if the Court has not made any fmdings or orders during the

9 term of the Decree that Prima Frutta has failed to comply with any ofthe terms of this Decree.

10

E-filing concurrence: I, Cindy O'Hara, attorney for Plaintiff EEOC, attest that I have

II obtained the concurrence ofPaul Sheldon, attorney for Defendant Prima Frutta Packing, Inc., for the

12 lodging of this Consent Decree.

13 On Behalf of Plaintiff Commission:

On Behalf of Defendant Prima Frutta:

14 Dated: April 16, 2004
15 EQUAL EMPLOYMENT OPPORTUNITY
16 COMMISSION

Dated: April 16, 2004 LAW OFFICES OF PATRICKD. RIDDLE

17 /S/
18 WILL"I-'A"'M"Rn.~T"'A"M"A""""Y'riO:---
Regional Attorney 19

/S/
PAUL~D-.S~H~E=L~D~O=N~-----
Attorneys for Prima Frutta

20 /S/ JONATHAN PECK
21 Supervisory Trial Attorney

22
/S/ 23 CINDY O'HARA
Senior Trial Attorney 24

25

ORDER

26

It is so ordered.

Ll(CVcy 27 Dated: 28

Consent Decree Between the Equal Employment Opportunity Corrunission and Prima Frutta Packing, Inc.

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 CAND-ECF - Docket Report

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ADRMOP, CLOSED, E-Filing, PRVADR
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:03-cv-04237-PJH

Equal Employment Opportunity Commission v. Prima Frutta Packing Inc. et al Assigned to: Hon. Phyllis J. Hamilton Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/17/2003 Date Terminated: 02/08/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia Senner O'Hara Equal Employment Opportunity Commission 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 415/625-5653 Fax: 415-625-5657 Email: cindy.ohara@eeoc.gov ATTORNEY TO BE NOTICED

Jonathan T. Peck U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov ATTORNEY TO BE NOTICED

Lucila G. Rosas E.E.O.C. 901 Market Street Suite 500 San Francisco, CA 94103

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V. Defendant Prima Frutta Packing Inc.
Defendant J. Jesus Gonzalez Labor Contractor
Defendant AG West Labor Contractor TERMINATED: 04/20/2004

415-356-5053 Fax: 415-356-5046 Email: Lucila.Rosas@eeoc.gov ATTORNEY TO BE NOTICED

Date Filed 09/17/2003
09/17/2003 09/17/2003 09/17/2003 11/20/2003 01/02/2004
01/02/2004 01/02/2004

#

Docket Text

1 COMPLAINT ; Demand for Jury Trial; against AG West Labor Contractor, J. Jesus Gonzalez Labor Contractor, Prima Frutta Packing Inc. (). Filed by Equal Employment Opportunity Commission. (fb, Court Staff) Additional attachment(s) added on 9/23/2003 (fb, Court Staff). (Entered: 09/17/2003)
2 ADR SCHEDULING ORDER: Case Management Statement due by 1/15/2004. Case Management Conference set for 1/22/2004 at 02:30 PM. (Attachments: # 1 Standing Order)(fb, Court Staff) (Entered: 09/17/2003)
Summons Issued as to AG West Labor Contractor ; J. Jesus Gonzalez Labor Contractor ; Prima Frutta Packing Inc. (fb, Court Staff) (Entered: 09/17/2003)
CASE DESIGNATED for Electronic Filing. (fb, Court Staff) (Entered: 09/17/2003)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Prima Frutta Packing Inc. waiver sent on 11/18/2003, answer due 01/20/2004. (O'Hara, Cindy) (Filed on 11/20/2003) (Entered: 11/20/2003)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission, J. Jesus Gonzalez Labor Contractor. J. Jesus Gonzalez Labor Contractor waiver sent on 12/10/2003, answer due 2/9/2004. (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)
5 NOTICE of need of ADR Phone Conference (ADR L.R. 3-5 d) (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)
6 STIPULATION and Proposed Order selecting Private ADR by Equal Employment Opportunity Commission (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)

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01/02/2004 01/02/2004 01/02/2004
01/09/2004 01/09/2004 01/09/2004 01/20/2004 01/22/2004
01/27/2004 02/04/2004 02/06/2004 02/20/2004 02/20/2004
02/20/2004
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7 STIPULATION to Continue Dates by Equal Employment Opportunity Commission, AG West Labor Contractor, Prima Frutta Packing Inc.. (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)
8 NOTICE of need of ADR Phone Conference (ADR L.R. 3-5 d) w/ Defendant J. Jesus Gonzalez (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)
9 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission, AG West Labor Contractor. AG West Labor Contractor waiver sent on 12/2/2003, answer due 2/2/2004. (O'Hara, Cindy) (Filed on 1/2/2004) (Entered: 01/02/2004)
10 STIPULATION & ORDER:...Case Management Conference continued to 2/26/04 at 2:30 P.M. Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)
11 STIPULATION & ORDER (Selecting ADR Process - Private ADR) Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)
12 STIPULATION & ORDER:...Case Management Conference continued to 2/26/04 at 2:30 P.M. Signed by Judge Phyllis J. Hamilton on 1/9/04. (lm, COURT STAFF) (Filed on 1/9/2004) (Entered: 01/09/2004)
13 STIPULATION to continue date for answer of Defendant Prima Frutta by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 1/20/2004) (Entered: 01/20/2004)
14 STIPULATION & ORDER (Extension to Answer): time for deft Prima Frutta's response to the complaint extended to 2/20/04. Signed by Judge Phyllis J. Hamilton on 1/22/04. (lm, COURT STAFF) (Filed on 1/22/2004) (Entered: 01/22/2004)
15 NOTICE by Equal Employment Opportunity Commission of Voluntary Dismissal of Defendant Ag West Labor Contractor (O'Hara, Cindy) (Filed on 1/27/2004) (Entered: 01/27/2004)
16 STIPULATION to continue date for answer of Defendant J. Jesus Gonzalez Labor Contractor by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/4/2004) (Entered: 02/04/2004)
17 STIPULATION & ORDER (Answer Extension):...the time for Deft Gonzalez to answer is extended from 2/9/04 to 3/9/04. Signed by Judge Phyllis J. Hamilton on 2/6/04. (lm, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/06/2004)
18 STIPULATION Second Stipulation and Request to Continue Case Management Dates; Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 2/20/2004) (Entered: 02/20/2004)
19 2nd Stipulation & ORDER: Case Management Conference scheduled for 2/26/04 is continued to 3/25/04 at 2:30 P.M. A Joint Case Management Conference Statement is to be filed by 3/19/04. Signed by Judge Phyllis J. Hamilton on 2/20/04. (lm, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004)
Set/Reset Hearings: Case Management Conference set for 3/25/2004 02:30 PM. (lm, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004)
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20 SETTLEMENT AGREEMENT Consent Decree Between the Equal Employment Opportunity Commission and J. Jesus Gonzalez Labor Contractor by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/9/2004) (Entered: 03/09/2004)
21 CONSENT DECREE & ORDER (J. Jesus Gonzalez Labor Contractor): Signed by Judge Phyllis J. Hamilton on 3/11/04. (lm, COURT STAFF) (Filed on 3/11/2004) (Entered: 03/11/2004)
22 STIPULATION and Request to Continue Case Management Dates; Order by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 3/18/2004) (Entered: 03/18/2004)
23 3rd STIPULATION & ORDER:...only Deft Prima Frutta remains in the case, to allowDeft Prima Frutta & the Plaintiff to finalize their Consent Decree, the Case Management Conference of 3/25/04 has been continued to 4/22/05 at 2:30 P.M. Also continued is the date deft's Answer is due from 3/20/04 to 4/20/04. Signed by Judge Phyllis J. Hamilton on 3/22/04.(lm, COURT STAFF) (Filed on 3/22/2004) (Entered: 03/22/2004)
24 SETTLEMENT AGREEMENT CONSENT DECREE BETWEEN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND PRIMA FRUTTA PACKING, INC. by Equal Employment Opportunity Commission. (O'Hara, Cindy) (Filed on 4/16/2004) (Entered: 04/16/2004)
25 CONSENT DECREE & ORDER (Deft Prima Frutta Packing, Inc.): Signed by Judge Phyllis J. Hamilton on 4/19/04. (lm, COURT STAFF) (Filed on 4/19/2004) (Entered: 04/19/2004)
26 Pltf Notice of Voluntary Dismissal & ORDER (Deft Ag West Labor Contractor) Signed by Judge Phyllis J. Hamilton on 4/20/04. (lm, COURT STAFF) (Filed on 4/20/2004) (Entered: 04/20/2004)

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 EEOC LITIGATION SETTLEMENT REPORT - April 2004

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EEOC v. Prima Frutta Packing, Inc., & J. Jesus Gonzales Labor Contractor No. C-03-04237 PJH (N.D. Cal. Mar. 11, 2004 and April 19, 2004)
The San Francisco District Office filed this Title VII action, alleging that 13 Hispanic seasonal laborers (11 women and 2 men) who worked during the cherry packing season at a California agricultural packing house (PF), were subjected to a barrage of verbal harassment based on national origin (Mexican and Salvadoran) and/or gender (female) by a manager-owner of the PF facility. The complaint also alleged that PF failed to take appropriate action to stop the harassment of the workers, one of whom worked directly for PF, the others for laborer contractors. On a daily basis, the manager made abusive comments to the Hispanic employees such as "Mexicans aren't worth shit," "Mexicans are lazy," and "Mexican bitches are only good to go to the bathroom and fuck men." Although the laborers complained about the harassment to management, they were told to ignore the manager's behavior. In accordance with a five-year consent decree, PF will pay $235,000 in compensatory damages to the 13 workers; revise its nondiscrimination policies to discuss gender and national origin discrimination/ harassment and incorporate alternative routes in its complaint procedures; and make these policies and procedures available in English and Spanish and distribute them to all PF employees and to the supervisory personnel of each farm labor contractor. Using an outside consultant, PF also will provide training on gender and national origin discrimination to all employees who are responsible for supervising or managing its employees or for interacting with the labor contractor supervisors. On a quarterly basis, PF must notify EEOC counsel of whether it has received discrimination or harassment complaints and their resolutions.

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