- . • Slp-2g-03 03:2T~ Fr..-EEOC 90g 1ST AVENUE 1400

+206 220 8m

- H92 P. 006/009 H31

1 A. LUIS LUCERO JR., REGIONAL ATIORNEY

KATHRYN OLSON. SUPERVISORY TRIAL ATTORNEY

2 CARMEN FLORES, SENIOR TRIAL ATIORNEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

3 909 FIRST AVENUE, SUITE 400

SEATTLE, WA 98104

4 TEL: (206 220-6893

FAX:(206 220-6911

5 C

e OC. OV

6 AITORNEYS FOR PLAINTIFF

7

SEP 29 2003,
.lAMEs R. LARSEN. CLERK
SPOKANE, WASHINGTON

8

9

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WASHINGTON

10
CY EQUALEMPLOY.MrnNTOPPOR~
11 COMMISSION,

12

Plaintiff,

13

v.

JURy TRW, DEMAND

14 HIGHLAND FRUIT GROWERS, INC.,

vs

IS Defendant.
16

17

18

NATURE OF THE ACTION

19

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

20 of the Civil Rights Act of 1991 to' correct unlawful employment practices and to

21 provide appropriate relief to Maria R Ramirez, Gabriela Uribe, Maria Cardenas,

22 Maria Teresa Valle and class of similarly situated females who were adversely

23 affected by SUch practices_ The Equal Employment Opportunity Commission

_.J 24 ("EEOC" or "the Commission") alleges that defendant sexually harassed Ms.

<:t 25
~
, - _/'
CD
0:::
o

Ramirez, Ms. Uribe, Ms. Cardenas, Ms. Valle and similarly situated individuals

COMPLAINT· Page 1

STOREY & MILLER COURT REPORTERS
601 W. RIVERSIDE SUITE 1030
SPOKANE, WA 99201

UoS.ItQ1.JAL EMPLOYMtNT OI"POR"I'lINITV COMMISSION
s.:.,dc DI....ct OM_
9M Flnt A'I'tI\Ut. SlIile:.caO Snulc. w.-lIlrIJlan '1I04-IOISI
TdqJbcml;: (lacS,1."Oo""
PacrolmnGl (lD6) llu...d911 100: (:!OIl) ~a",,1Il

,Sap-2g-03 03: 27PM From-EEOC 909 1ST AVENUE 1400 ,-..

+20S 220 S9SS --. T-S82 P.00S/009 F-133

1 because of their sex, female, creating a hostile work environment. Said

2 discriminatory practices resulted in the constructive discharge of Ms. Ramirez,

3 Ms. Valle and Ms. Ortiz. Finally, the EEOC contends that defendant tenninated

4 Ms. Uribe and Ms. Cardenas in retaliation for engaging in statutorily protected

5 activity. Plaintiff seeks monetary and injunctive relief, including pecuniary and

6 nonpecuniary compensatory damages and punitive damages.

7

JURISDICTION AND VENUE

8

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

9 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to

10 Sections 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as

11 amended, 42 U.S,C. §§ 2000e-S(t)(1) and (3) ("Title VII"), and Section 102 of the

12 Civil Rights Act of 1991,42 U.S.C. §1981a.

13

2. The employment practices alleged to be unlawful were committed

14 within the jurisdiction ofthe United States District Court for the Eastern District

IS of Washington.

16

PARTIES

17

3. Plaintiff, the Equal Employment Opportunity Commission (the

18 "Commission"), is the agency ofthe United States ofAmerica charged with the

19 administration, interpretation and enforcement of Title VII, and is expressly

20 authorized to bring this action by Section 706(f)(1) ofTitle VII, 42 U.S.C.

21 §2000e-5(f)(1).

22

4. At all relevant times, defendant, Highland Fruit Growers, Inc.,

23 incorporated in the State of Washington, has continuously been a corporation

24 doing business in the State of Washington and has continuously had at least 15

25 employees.

COMPLAINT - Page 2

u.s. EQUAL !tMPlOYMENT OPPORTUNITY' CO~f'1IS.s10N
5eolude DJ.trlltf 0,. ••" !lO9 F1mAvcnue, .suiw4UO Scalllto Wl\Ihlllllon 9H1fU.10Ii1
TdcpGonc: (2Df) 2:lO-ClIIU Pa.:.dmilc; (1OIS):2/)ofi II
TOUl (la') Zl/J.(i¥1l

Sep-29-03 03: 27P1 FrriEOC 909 1ST AVENUE 1400 ,--

+206 220 6865

--- H82 P. 007/009 F-133

1

5. At all relevant times, defendant has continuously been an employer

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

3 (g) and (h) of Title VIT, 42 U.S.C. §§2000e-(b), (g) and (h).

4

STATEMENT OF CLAIMS

5

6. More than thirty days prior to the institution of this lawsuit, Maria R.

6 Ramirez, Gabriela Uribe, Maria Cardenas, and Maria Teresa Valle filed charges, '

7 initially with the Equal Employment Opportunity Commission, alleging violations
vn 8 of Title by defendant, Highland Fruit Growers, Inc. All conditions precedent

9 to the institution of this lawsuit have been fulfilled.

10

7. From at least March 1,2002, defendant engaged in unlawful

11 employment practices at its Yakima, Washington facility in violation of §§ 703(a)

12 and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and 2000e-3(a). Defendant

13 affected the tenns and conditions of employment of Ms. Ramirez, Ms. Uribe, Ms.

14 Cardenas, Ms. Valle and similarly situated individuals by subjecting them to a

15 sexually hostile work environment because of their sex, female, resulting in the

16 constructive discharge orMs. Ramirez, Ms. Valle and Ms. Ortiz. Finally,

17 defendant retaliated against Ms. Uribe and Ms. Cardenas by terminating them

18 because they engaged in statutorily protected activity.

19

8. The effect ofthe practices complained of in paragraph 7 above has

20 been to deprive Ms. Ramirez, Ms. Uribe, Ms. Cardenas, Ms. Valle and a class of

21 similarly situated females of equal employment opportunities and otherwise

22 adversely affected their status as employees ofHighland Fruit Growers because of

23 their sex.

24

9. The unlawful employment practices complained of in paragraph 7

25 above were intentional.

COlV1PLAINT - Page 3

u.s. EQUAL I£l\o1ttl..OVMENT OPPORTUNI"rv COMMISSION Sealdc Di~lricl Office
!IO? Fnw ",..;nue. suite iIOU Scab". Washin&lun '11'104-1061
TelephoM: (lOG) 220.fJ1181
j:AClIimillt. (lOG) 220-6911
TD\), (~) ::lO~na

• SIP-zg-03

03: 2Tpm

- FroriEOC 80B 1ST AVENUE 1400

--.. +206 220 6m

T-SI2 P,OOI/OOB F-133

1

10. The Wllawful employment practices complained of in paragraph 7

2 above were done with malice or with reckless indifference to the federally

3 protected rights ofMaria R. Ramirez, Gabriela Uribe, Maria Cardenas, Maria

4 Teresa Valle and a class of similarly situated females.

5

PRAYER FOR RELIEF

6

Wherefore, the Commission respectfully requests that this Court:

7

A. Grant a permanent injunction enjoining defendant, its officers,

8 successors, agents, assigns, and all persons in active concert or participation with

9 it, from engaging in any employment practice which discriminates on the bases of

10 sex, or retaliation.

11

B. Order defendant to institute and carry out pOlicies, practices, and

12 programs which provide equal employment opportunities for all employees and

)3 which eradicate the effects of its past and present unlawful employment practices.

14

C. Order defendant to make whole charging parties by providing

15 appropriate back pay with prejudgment interest, and front pay in amounts to be

16 determined at trial, and other affirmative relief necessary to eradicate the effects of

17 its unlawful employment practices described above, including but not limited to,

18 reinstatement.

19

o. Order defendant to make whole charging parties by providing

20 compensation for past and future pecuniary losses resulting from the unlawful

21 employment practices described in paragraph 7 above, including without

22 limitation medical expenses, job search expenses and other past and future out-of-

23 pocket expenses, in amounts to be determined at trial.

24

E. Order defendant to make whole charging parties by providing

25 compensation for past and future nonpecuniary losses resulting from the unlawful

COMPLAINT - Page 4

u.s. F.OllAL RMPLOVM£NT OPPORTllN1TV COMMI!1ISION Seattle DiUriel OI'l'II:e
909 FinLAYI:n"" ~..llC4OIJ Seu\le, WlIShlnJ;ton 0"04-1QII
TtlephOllc (101) 22O-4IfI)
"•.erllmile: (lOQ 22tJ.09ll TOO' t~) n006812

S,p-29-0S

OS:2Tpa

- Fro.-EEOC D09 1ST AVENUE 1400

+206 220 6966

T-512 p.OOe/OOD F-133

1 practices complained of in paragraph 7 above, including without limitation

2 emotional pain, suffering, and loss of enjoyment of life, in amounts to determined

3 at trial.

4

F. Order defendant to pay charging parties punitive damages for its

5 malicious and reckless conduct described in paragraph 7 above, in amounts to be

6 determined at trial.

7

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

8 the public interest.

9

H. Award the Commission its costs ofthis action.

10

JURy TRIAL DEMAND

11

The Commission requests a jury trial on all questions offact raised by its

~llm/Wc,) 12 complaint.

13

M DATED this

day of

,2003.

14 A. LUIS LUCERO, JR. Regional Attorney
15
KATHRYN OLSON
16 Supervisory Trial Attorney

ERIC S. DRIEBAND General Counsel
JAMES L. LEE Deputy General Counsel

17 CARMEN FLORES Senior Trial Attorney
18
19 ~6U~AL~'~~L~O~~~~747
OPPORTUNITY COMMISSI 20 Seattle District Office
909 First Avenue, Suite 400 21 Seattle, Washington 98104
Telephone (206) 220-6893 22 Facslmile (206) 220-6911

GWENDOLYN YOUNG REAMS
Associate General Counsel Office ofthe General Counsel 180l nL" StreetNW Washington, D.C. 20507

23

Attorneys for Plaintiff

24

25

COMPLAINT - Page 5

u.s. EQUAL. BMPI.OVMFN'l" OI'POltTUNITY COMML~tON
Seaale DIIIIi.., OOitc! 909 Fiq, "\'CII*. ~uiR 400
Sellnhl'. W:tshi"J:l1'f' 'IIO.I-UIIH
Tricpbon~ ("..DIS) 210-15113
PllClimilt: QOG) ~0-6t" TOO. (2ot) ~p:!

 
 1 KelierW. Allen, WSBA No. 18794 ALLEN & McLANE, P.C.
2 The Paulsen Center, Suite 421
3 421 W. Riverside Avenue
4 Spokane, WA 99201 Telephone: (509) 777-2211
5 Facsimile: (509) 777-2215
6 E-Mail: kwa@allenmclane.com

JUL 28 2004

7
Mark D. Kamitomo, WSBA No. 18803 8 THE MARKAM GROUP, INC., P.S. 9 421 W. Riverside Avenue, Suite 1060 10 Spokane, WA 99201
Telephone: (509) 747-0902 11 Facsimile: (509) 747-1993
12
13 Attorneys for Plaintiff Intervenors, Maria R. Ramirez, Gabriela Uribe, and Maria Cardenas
14

15

16
UNITED STATES DISTRICT COURT
17

18

FOR THE EASTERN DISTRICT OF WASHINGTON

19

EQUAL EMPLOYMENT

)

20 OPPORTUNITY COMMISSION, )

21

)

22

Plaintiff,

)

)

23

and

)

24

)

25 MARIA R. RAMIREZ,

)

GABRIELA URIBE, and MARIA )

26 CARDENAS,

)

27

)

28

Plaintiff Intervenors,

)

29 f - - - - - - - - - - - - )

No. CY-03-3132-FVS COMPLAINT OF PLAINTIFF INTERVENORS
JURY TRIAL DEMANDED

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 1
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, P.e.
w. 421 Ri versidc Avenue. Suite 421
Spokanl:, WA 99201
Telephone: \S09) 777-221 j Fax: (509) 777-2215

1 vs.

)

)

2 HIGHLAND FRUIT GROWERS, )

3 INC.,

)

4

)

Defendant.

)

5 ~-----------------)

6

7

Plaintiff Intervenors Maria R. Ramirez, Gabriela Uribe, and Maria

8 Cardenas, by and through their counsel, Keller W. Allen of Allen &
9
10 McLane, P.C., and Mark D. Kamitomo of The Markam Group, Inc.,

11 P.S., assert the following claims for relief against Defendant Highland
12
13 Fruit Growers, Inc.

14

NATURE OF THE ACTION

15

16

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

17 and Title I of the Civil Rights Act of 1991 to correct unlawful
18
19 employment practices and to provide appropriate relief to Maria R.

20 Ramirez, Gabriela Uribe, and Maria Cardenas, who were adversely
21
22 affected by such practices. The Equal Employment Opportunity

23 Commission ("EEOC" or "the Commission") and Plaintiff Intervenors
24
25 allege that Defendant and certain of its employees and representatives

26 sexually harassed Ms. Ramirez, Ms. Uribe, and Ms. Cardenas
27
28 because of their gender, creating a hostile work environment. Said

29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 2
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, P.c. 421 w. Riversiue Avenue, Suill~ 42 J
Spokane. WA 9920J Telephone: (509) 777 -2211
Fax: (509) 777-2215

1 discriminatory practices resulted in the constructive discharge of Ms.

2 Ramirez and termination of Ms. Uribe and Ms. Cardenas in retaliation
3
4 for engaging in statutorily protected activity. Plaintiff Intervenors seek

5 monetary and injunctive relief, including pecuniary and nonpecuniary
6
7 compensatory damages and punitive damages.

8

JURISDICTION AND VENUE

9

10

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

11 §§ 451,1331,1337,1343 and 1345. This action is authorized and
12
13 instituted pursuant to Sections 706(f)(I) and (3) of Title VII of the Civil

14 Rights Action of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and
15
16 (3) ("Title VII"), and Section 102 of the Civil Rights Action of 1991, 42

17 U.S.C §1981a.

18

19

2. The employment practices alleged to be unlawful were

20 committed within the jurisdiction of the United States District Court for
21
22 the Eastern District of Washington.

23 II I II
24
25 I II II

26 II II I
27
28 II II I
29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 3
Y:\pamm\Ramirez\Comptaint.doc

Allen & McLane, P.c. 421 W. Rivcr"j(k Avenue, SUjll~ 421
Spokane, WA 99201 Tdcphom:: ,5(9) 777-2211
Fax: (509) 777-2215

1

PARTIES

2

3. Plaintiff, the Equal Employment Opportunity Commission

3

4 ("EEOC") filed a complaint in this action on September 29, 2003.

5 Plaintiff Intervenors expressly herein incorporate by reference each
6
7 and every factual and legal assertion by EEOC in its September 29,

8 2003 Complaint as if set forth fully herein.

9

10

4. At all relevant times, Defendant, Highland Fruit Growers,

11 Inc., incorporated in the State of Washington, has continuously been a
12
13 corporation doing business in the State of Washington and has

14 continuously had at least 15 employees.

15

16

5. At all relevant times, Defendant has continuously been an

17 employer engaged in an industry affecting commerce within the
18
19 meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C.

20 §§2000e-(b), (g) and (h).

21

22

STATEMENT OF CLAIMS

23

6. More than thirty (30) days prior to the institution of this

24

25 lawsuit, Maria R. Ramirez, Gabriela Uribe, and Maria Cardenas filed

26 charges, initially with the Equal Employment Opportunity Commission,
27
28 alleging violations of Title VII by Defendant, Highland Fruit Growers,
29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 4
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, P.e.
421 W. Riverside Avenue, Suite 421 Spokane, WA 99201
Telephone: ,5(9) 777-221 [ Fax: (509) 777-2215

1 Inc. All conditions precedent to the institution of this lawsuit have been

2 fulfilled.

3

4

7.

From at least March 1, 2002, Defendant engaged in

5 unlawful employment practices at its Yakima, Washington facility in
6
7 violation of §§ 703(a) and 704(a) of Title VII, 42 U.S.C §§ 2000e-2(a)

8 and 2000e-3(a). Defendant affected the terms and conditions of
9
10 employment of Ms. Ramirez, Ms. Uribe, and Ms. Cardenas, by

11 subjecting them to an unlawful and sexually hostile work environment
12
13 because of their gender, resulting in the constructive discharge of Ms.

14 Ramirez. Further, Defendant unlawfully retaliated against Ms. Uribe
15
16 and Ms. Cardenas by terminating them because they engaged in

17 statutorily protected activity.

18

19

8. The effect of the practices complained of in paragraph 7

20 above has been to deprive Ms. Ramirez, Ms. Uribe, and Ms. Cardenas
21
22 of equal employment opportunities, and otherwise adversely affected

23 their status as employees of Highland Fruit Growers because of their 24 25 sex.

26

9. The unlawful employment practices complained of above

27

28 were intentional and in deliberate disregard of the applicable federal

29

30 COMPLAINT OF PLAINTIFF INTERVENORS· Page 5
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, p.e.
42 [ W. Riverside Avenue, Suite 421 Spokane, WA 9920J
Telephone: (509) 177-221! Fax: (509) 777-2215

1 laws under which Plaintiff Intervenors and EEOC have alleged

2 violations.

3

4

10. The unlawful employment practices complained of in

5 paragraph 7 above were done with malice or with reckless indifference
6
7 to the federally protected rights of Maria R. Ramirez, Gabriela Uribe,

8 and Maria Cardenas.

9

10

PRAYER FOR RELIEF

11

WHEREFORE, Plaintiff Intervenors respectfully request that this

12

13 Court:

14

A. Grant a permanent injunction enjoining Defendant, its

15

16 officers, successors, agents, assigns, and all persons in active concert

17 or participation with it, from engaging in any employment practice
18
19 which discriminates on the bases of sex, or retaliation.

20

B. Order Defendant to institute and carry out policies,

21

22 practices, and programs which provide equal employment

23 opportunities for all employees and which eradicate the effects of its
24
25 past and present unlawful employment practices.

26

C. Order Defendant to make whole each Plaintiff Intervenor

27

28 by providing appropriate back pay with prejudgment interest, and front

29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 6
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, P.e.
421 W. Riverside Avenue, SUjtl~ 42 [ Spokane, WA 99201
Telephone: (509) 777-221 I Fax; (5U9) 777-2215

1 pay in an amount to be determined at trial, and other affirmative relief

2 necessary to eradicate the effects of its unlawful employment practices
3
4 described above.

5

D. Order Defendant to make whole Plaintiff Intervenors by

6

7 providing compensation for past and future pecuniary losses resulting

8 from the unlawful employment practices described in paragraph 7
9
10 above, including without limitation medical expenses, job search

11 expenses and other past and future out-of-pocket expenses, in an
12
13 amount to be determined at trial.

14

E. Order Defendant to make whole Plaintiff Intervenors by

15

16 providing compensation for past and future nonpecuniary losses

17 resulting from the unlawful practices complained of in paragraph 7
18
19 above, including without limitation emotional pain, suffering, and loss

20 of enjoyment of life, in amounts to be determined at trial.

21

22

F. Order Defendant to pay Plaintiff Intervenors punitive

23 damages for its malicious and reckless conduct described in
24
25 paragraph 7 above, in amounts to be determined at trial.

26

G. Grant such further relief as the Court deems necessary

27
28 and proper.

29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 7
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, p,e. 42 [ W. Riversiue Avenue, Suite 421
Spokane, WA 99201 Telephone: (509) 777-221 [
Fax: (50<,1) 777-2215

1

H. For an award to each Plaintiff Intervenor for any adverse

2 tax consequences relating to any recovery in this action.

3

4

I. For an award of reasonable attorney fees and costs

5 incurred by counsel for Plaintiff Intervenors relating to this action.

6

7

JURY TRIAL DEMAND

8

Plaintiff Intervenors demand a jury trial on all questions of fact

9

10 raised by this Complaint.

11

--IG- DATED this

day of July, 2004.

12

13

ALLEN & McLANE, P.C.

14

15

16

17

18

19

20

21

" INC., P.S..

22

23

24

. Kaml omo,

25

Co-Counsel for Plaintiff Intervenors,

MARIA R. RAMIREZ, GABRIELA URIBE,

26

and MARIA CARDENAS

27

28

29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 8
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, p,e.
421 W. Riverside Avenue. SUlle 421 Spokane, WA 9920J
Telephone: (S09) 777-2211 Fax: (50<)) 777-2215

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that on the .:<! day of July, 2004 I caused

3 to be served a true and correct copy of the foregoing on the following

4 in the manner indicated:

5

6 A. Luis Lucero, Jr.

7

Kathryn Olson

Carmen Flores

8

EQUAL EMPLOYMENT OPPORTUNITY

9

COMMISION

10 909 First Avenue, Suite 400 Seattle, WA 98104
11

.lL

U.S. Mail Overnight Mail Hand Delivery Facsimile

12 Attorney for Plaintiff

13
Brendan V. Monahan 14 Velikanje, Moore & Shore, P.S.
15 405 East Lincoln Avenue
16 Yakima, WA 98907

x U.S. Mail
Overnight Mail Hand Delivery Facsimile

17 Attorney for Defendant
18

19 20

aL..c,e'i~

21

Pamela R. Mengel

22

23

24

25

26

27

28

29

30 COMPLAINT OF PLAINTIFF INTERVENORS - Page 9
Y:\pamm\Ramirez\Complaint.doc

Allen & McLane, P.e.
421 W. Riverside Avenue, Suite 421 Spokane, WA 99201
Telephone: (509) 777-221 [ Fax: (50<]) 777-2215

 
 1

HONORABLE FRED L. VAN SICKLE

2 A. LUIS LUCERO, JR. REGIONAL ATTORNEY
3 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY CARMEN FLORES, SENIOR TRIAL ATTORNEY
4 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
5 SEATTLE, WASHINGTON 98104 TELEPHONE: (206) 220-6920
6

7

8

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WASHINGTON

9

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

11

Plaintiff,

12 and
13 MARIA R. RAMIREZ, GABRIELA URIBE
14 AND MARIA CARDENAS,

15

Plaintiff-Intervenors,

16

v.

17 HIGHLAND FRUIT GROWERS, INC.,

18

Defendant.

19

) CASE NO. CV03-3132 FVS ) ) ) ) CONSENT DECREE AND ) ORDER OF DISMISSAL ) ) ) ) ) ) ) ) ) ) ) )

20 I. INTRODUCTION
21 1. This action originated with discrimination charges filed by Maria R. Ramirez,
22 Gabriela Uribe, Teresa Valle, and Maria Cardenas (“Charging Parties”) with the Equal
23 Employment Opportunity Commission (“EEOC”). The Charging Parties alleged that Highland
24 Fruit Growers, Inc., (“Highland Fruit”) discriminated against them on the basis of sex by
25

CONSENT DECREE - PAGE 1

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1 subjecting them to sexual harassment, retaliation, and/or constructive discharge, in violation of

2 Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42 U.S.C. § 2000e et seq.

3

2. The EEOC sent Highland Fruit a Letter of Determination with findings of

4 reasonable cause that it had violated Title VII.

5

3. The Commission filed this lawsuit on September 29, 2003 in the United States

6 District Court for the Eastern District of Washington on behalf of the charging parties.

7

4. The EEOC, Charging Parties and Defendant, Highland Fruit want to conclude all

8 claims of the charging parties without expending further resources in contested litigation.

9 II. NON-ADMISSION OF LIABILITY AND NON-DETERMINATION BY THE COURT

10

5. This Consent Decree is not an admission of wrongdoing or an adjudication or

11 finding on the merits of the case. This Consent Decree shall not be used as evidence of liability

12 or for purposes of res judicata or collateral estoppel in any legal proceeding against the

13 Defendant. Neither the agreement to enter this Decree, nor the Decree shall be admissible in any

14 proceeding as an admission by Defendant of any violation of, failure to comply with,

15 interference, retaliation or obstruction of compliance with Title VII or any other employment law

16 or order.

17

III. SETTLEMENT SCOPE

18

6. This Consent Decree is the final and complete resolution of all allegations of

19 unlawful employment practices contained in the complaint filed herein on behalf of the charging

20 parties by the EEOC, and joined in on my the Intervenors, including all claims for attorney fees

21 and costs. The terms of this Consent Decree shall apply to employees at Defendant Highland

22 Fruit’s Yakima, Washington facility. The Consent Decree resolves all issues and claims arising

23 out of this Complaint and is binding and final as to all such issues and claims.

24

25

CONSENT DECREE - PAGE 2

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

IV. JURISDICTION AND VENUE

2

7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

3 1343 and 1345. Plaintiff EEOC’s action is authorized pursuant to Section 706(f)(1) and (3) of

4 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e-5(f)(1) and (3) and

5 2000e-6 (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. The

6 employment practices alleged to be unlawful in the EEOC’s Complaint filed herein occurred

7 within the jurisdiction of the United States District Court for the Western District of Washington.

8

V. DEFINITION OF TERMS

9

For the purposes of this Consent Decree, the following definitions shall apply:

10

8. “The Effective Date of the Consent Decree” is the date the United States District

11 Court for the Eastern District of Washington enters the Consent Decree and (Proposed) Order of

12 Dismissal.

13

9. Unless otherwise indicated, the word “days” refers to calendar days.

14

10. “Formal or Informal Complaints” includes any complaint, whether written or oral,

15 made to a manager or supervisor with the Defendant.

16

VI. MONETARY RELIEF

17

11. In settlement of the EEOC’s and the Plaintiff-Intervener’s claims in this lawsuit,

18 Defendant Highland Fruit has agreed to pay the Intervenors the total lump sum of $150,000.00 .

19

VII. INJUNCTIVE RELIEF

20

A. Compliance with Title VII

21

12. Defendant Highland Fruit reaffirms its commitment to comply with Title VII. To

22 further this commitment, the Defendant Highland Fruit shall monitor the affirmative obligations

23 of this Consent Decree. The terms of this Consent Decree apply to all employees of Defendant

24 Highland Fruit.

25

CONSENT DECREE - PAGE 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

13. Defendant Highland Fruit will not retaliate against any employee for opposing a

2 practice deemed unlawful by Title VII or for making a charge, testifying, assisting, or

3 participating in any investigation, proceeding, or hearing associated with this action.

4

14. Defendant Highland Fruit, its officers, agents, and employees are hereby enjoined

5 from engaging in personnel practices which unlawfully discriminate against applicants and

6 employees in violation of Title VII. In recognition of its obligations under Title VII, Defendant

7 Highland Fruit will institute the policies and practices set forth below.

8

B. Retention of a Consultant

9

15. Defendant Highland Fruit will retain, at Highland Fruit’s expense, a consultant to

10 conduct an internal review and audit of Highland Fruit’s anti-discrimination and harassment

11 policies, practices and procedures. With the assistance of the consultant, Highland Fruit will

12 either enhance or adopt a written policy that sets forth its anti-discrimination and harassment

13 policies and reporting mechanisms.

14

16. Defendant Highland Fruit will distribute the new anti-discrimination and

15 harassment policy in English and Spanish to all employees within 45 days after entry of this

16 decree.

17

17. This policy will be distributed to all present and future employees, both

18 management and non-management, in Defendant Highland Fruit’s Yakima, Washington

19 facilities, beginning 45 days after entry of this decree and continuing for the duration of the

20 decree. Distribution to temporary employees may consist of notification of the existence and the

21 location of the policy.

22

18. Defendant Highland Fruit affirms the following “Statement of Zero-Tolerance

23 Policy and Workplace Objectives”:

24

Highland Fruit is firmly committed to developing and maintaining a zero-

tolerance policy concerning discrimination, sexual harassment and retaliation

25

against individuals who report discrimination or harassment in the company’s

CONSENT DECREE - PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

workplace; to swiftly and firmly responding to any acts of discrimination, sexual

harassment or retaliation of which the company becomes aware; to implementing

2

a disciplinary system that is designed to strongly deter future acts of

discrimination, sexual harassment or retaliation; and to actively monitoring its

3

workplace in order to ensure tolerance, respect and dignity for all people.

4

19. In order to effectuate the objectives embodied in the Defendant Highland

5 Fruit’s Statement of Zero-Tolerance Policy and Workplace Objectives and this Decree,

6 the Defendant Highland Fruit will ensure the following policies, procedures, and

7 practices are in effect:

8 (a) Complaint Procedures.

9

(i) Defendant Highland Fruit agrees that it will provide the

10

name, job title, work location, and telephone number of the

11

management employees charged with investigating such

12

issues in its written expanded sexual harassment policy .

13

That information will also be routinely and continuously

14

posted. If the name or designation of the management

15

employees charged with investigating issues of

discrimination, sexual harassment, and retaliation change, 16
defendant will re-post his or her name, job title, work 17
location, and telephone number. 18

19

(ii) Defendant Highland Fruit agrees that it shall enable

20

complaining parties to be interviewed by Defendant

21

Highland Fruit about their complaints in such a manner that

22

permits the complaining party, at such party’s election, to

remain inconspicuous to all of the employees in such 23
party’s work area. Defendant Highland Fruit agrees that its 24
complaint procedure shall not impose upon individuals 25

CONSENT DECREE - PAGE 5

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

seeking to make a complaint alleging discrimination,

2

sexual harassment and/or retaliation any requirements that

3

are more burdensome than are imposed upon individuals

4

who make other complaints of comparable gravity.

5 (iii) Defendant Highland Fruit agrees that it shall ensure that its

6

policies and procedures provide that complaint handling

7

and disciplinary procedures regarding all complaints of

8

discrimination, sexual harassment and/or retaliation are

9

investigated and addressed promptly. Specifically,

10

Defendant Highland Fruit agrees that it shall investigate all

11

complaints of discrimination, sexual harassment and/or

12

retaliation promptly and to complete investigations within

13

three (3) weeks. Defendant Highland Fruit will further

14

make its best effort to prepare its written findings of the

15

results of each investigation and the remedial actions

proposed within seven (7) days after completion of the 16
investigation, and shall thereupon promptly communicate 17
to the complaining party the results of the investigation and 18
the remedial actions taken or proposed, if any. Such
19 communication will reasonably take into account the

20 privacy of the accused.

21

22

(iv) Defendant Highland Fruit agrees that it shall make its best

effort to ensure that appropriate remedial action is taken to 23
resolve complaints and to avoid the occurrence of 24
discrimination, sexual harassment and/or retaliation. 25

CONSENT DECREE - PAGE 6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

Defendant Highland Fruit further agrees that it shall

2

provide for substantial discipline up to and including

3

termination -- including, but not limited to, suspension

4

without pay as a possible consequence for violations of its

5

anti-discrimination and harassment policy.

6

(b) Policies Designed To Promote Supervisor Accountability.

7

8

(i) Defendant Highland Fruit agrees that it shall impose

substantial discipline -- up to and including demotion, 9

suspension without pay or termination upon any supervisor 10
or manager who engages in discrimination or sexual
11 harassment or permits any such conduct to occur in his or

12 her work area or among employees under his or her

13

supervision, or who retaliates against any person who

14

complains or participates in any investigation or

15

proceeding concerning any such conduct. Defendant

16

Highland Fruit shall communicate this policy to all of its

17

supervisors and managers.

18 (ii) Defendant Highland Fruit agrees that it shall
19 continue to advise all managers and supervisors of their
20 duty to actively monitor their work areas to ensure

21

employees’ compliance with the company’s anti-

22

discrimination and harassment policy, and to report any

23

incidents and/or complaints of harassment, sexual

24

harassment and/or retaliation of which they become aware

25

to the department charged with handling such complaints.

CONSENT DECREE - PAGE 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

(iii) Defendant Highland Fruit agrees that any failure to

2

comply with this policy will be considered in evaluating its

3

managers, including when they are being considered for

4

promotions.

5 (c) Anti-Discrimination and Harassment Training.
6

7

(i) Defendant Highland Fruit agrees that it shall

8

provide annual ant-discrimination and sexual harassment

training to all employees, and supervisors; to provide anti9
discrimination and sexual harassment training to all senior 10
managers; and to provide training to all persons charged 11
with the handling of complaints of discrimination, sexual
12 harassment and/or retaliation in the workplace, and the

13

techniques for investigating and stopping it. This training

14

shall include issues regarding discrimination and sexual

15

harassment by employees and/or customers or vendors of

16

Defendant Highland Fruit. Defendant Highland Fruit

17

understands and agrees that this training, particularly that

18

directed towards senior managers, may require one-on-one

19

training or educational sessions.

20 (ii) Defendant Highland Fruit agrees that all training

21

required by this Decree shall be conducted in both English

22

and Spanish by educators, consultants or attorneys

23

experienced in the area of anti-discrimination and

24

harassment training.

25

CONSENT DECREE - PAGE 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

(iii) Defendant Highland Fruit agrees that it shall require

2

owner Robert Ball to introduce the annual anti-

3

discrimination and harassment training to communicate

4

Defendant Highland Fruit’s commitment to its Statement of

5

Zero-Tolerance Policy and anti-harassment policy.

6

C. Expunging Records

7

8

20. Defendant Highland Fruit will not disclose any information or make references to

any charges of discrimination or this lawsuit in responding to employment reference requests for 9

information about Maria R. Ramirez, Gabriela Uribe, Teresa Valle and Maria Cardenas. In 10
response to any inquiries, Defendant Highland Fruit shall provide employment references that
11 includes only dates of employment and positions held. Highland Fruit will provide each of the

12 Plaintiff-Intervenors a reference letter on Highland Fruit letterhead confirming dates of

13 employment, positions held, final rate of pay, and a statement that the employee “performed

14 satisfactorily.” Defendant Highland Fruit may produce personnel information involving these

15 charging parties if it is responding to any third party lawful subpoena.

16 21. Defendant Highland Fruit will expunge from the Charging Parties’ personnel
17 files, any references to a charge of discrimination against Defendant Highland Fruit and this
18 lawsuit. Defendant Highland Fruit will not add any information or references to charging
19 parties’ personnel files or records regarding their charge of discrimination and this lawsuit after
20 such references have been expunged. Files containing information about the charging parties
21 that have been developed during the subject litigation will be maintained in files separate and
22 apart from the charging parties’ personnel files. Any such files shall be maintained by Highland

23 Fruit at its own business offices, or at the offices of its legal counsel, at Highland’s option.

24 Defendant Highland Fruit will make the charging parties’ personnel files available for inspection

25

CONSENT DECREE - PAGE 9

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1 by their counsel or the individual charging parties either at the Defendant Highland Fruit’s

2 Yakima, Washington facility or at the offices of its legal counsel.

3 D. Reporting
4

5

22. Six months following the entry of this Decree and every six months thereafter for

6 the duration of the Decree, Defendant Highland Fruit will send the EEOC a written report of 7 individuals who complained of discrimination, sexual harassment or retaliation during the prior 8 six-month period, along with an explanation as to all actions taken with regards to such
complaints. 9

10

23. Defendant Highland Fruit shall submit a final report to the EEOC 30 days before

11 the Consent Decree expires containing a statement that it has complied with all the terms of this 12 Consent Decree.

13

E. Posting

14

15

24. Within two (2) weeks after entry of this Decree, Defendant Highland

16 Fruit shall post a notice in the form of Exhibit 1 (in both English and Spanish) attached to this 17 Decree in prominent and conspicuous location(s) in or near the employee cafeteria, lunchroom or

18 other place within Defendant Highland Fruit’s facilities where employees tend to gather. The
19 notice shall remain posted for the duration of this Decree. In the event that the persons and/or
20 departments to whom individuals should make complaints alleging discrimination and/or
21 retaliation change during the term of the Decree, such that the information contained on the 22 notice is no longer accurate, Defendant Highland Fruit shall immediately prepare a new notice
that contains the correct information. Defendant Highland Fruit shall thereupon promptly 23
replace the old notices with the revised notices. Defendant Highland Fruit shall maintain a copy 24
of this decree in its Personnel Office for any employee who wishes to review it. 25

CONSENT DECREE - PAGE 10

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

VIII. ENFORCEMENT

2
25. If the EEOC concludes that Defendant Highland Fruit has breached this 3
agreement, it may bring an action in the United States District Court for the Eastern District of 4
Washington to enforce this Consent Decree. Before bringing an action for breach of the Decree,
5 the EEOC shall first give Defendant Highland Fruit ten (10) days notice. The EEOC and

6 Defendant Highland Fruit shall use that 10-day period for good faith efforts to resolve the matter.

7

8

IX. RETENTION OF JURISDICTION

9

26. The United States District Court for the Eastern District of Washington shall

10 retain jurisdiction over this matter for the duration of the Decree.

11 X. DURATION AND TERMINATION
12

13

27. This Decree shall be in effect for four (4) years, commencing with the date the

14 Decree is filed. If the EEOC petitions the court for breach of agreement, and the court finds 15 Defendant Highland Fruit to be in violation of the terms of the Consent Decree, the court may
extend this Consent Decree. 16

17 / / /

18 / / /
19
20 / / /

21 / / / 22
/ / / 23

24

25

CONSENT DECREE - PAGE 11

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

VI. CONCLUSION

2
28. The provisions of this Consent Decree are not binding on the parties until the authorized 3
representatives for the Plaintiff EEOC and Defendant Highland Fruit sign and the court enters 4
the Consent Decree in the court.
5

6 DATED this 28th day of January 2005.

7 A. LUIS LUCERO, JR.
8 Regional Attorney

ERIC S. DRIEBAND General Counsel

9 KATHRYN OLSON 10 Supervisory Trial Attorney
11 CARMEN FLORES Senior Trial Attorney
12

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

13 By: /s/A. Luis Lucero, Jr.

EQUAL EMPLOYMENT OPPORTUNITY 14 COMMISSION

15 Seattle District Office 909 First Avenue, Suite 400

Office of the General Counsel 1801 “L” Street, N.W.

16 Seattle, Washington 98104 Telephone (206) 220-6920

Washington, D.C. 20507

17

18 BY: /s/Brendan Monahan Brendan Monahan
19 VELIKANJE, MOORE & SHORE, P.S. 20 405 East Lincoln Avenue
P.O. Box 22550 21 Yakima, WA 98907
Attorneys for Defendant 22 Telephone: (509)248-6030

23

24

25

CONSENT DECREE - PAGE 12

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

1

ORDER

2 The Court having considered the foregoing stipulated agreement of the parties. IT IS HEREBY
3 ORDERED THAT the foregoing consent decree be, and the same is, approved as the final decree
4 of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice
5 and without costs or attorneys’ fees to any party. The Court retains jurisdiction of this matter for
6 purposes of enforcing the consent decree approved herein.
7
8 DATED this 14th day of February, 2005.

9

10 s/ Fred Van Sickle
11 UNITED STATES DISTRICT JUDGE
12

13

14

15

16

17

18

19

20

21

22

23

24

25

CONSENT DECREE - PAGE 13

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone: (206) 220-6883 Facsimile: (206) 220-6911
TDD: (206) 220-6882

 
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CASREF, CLOSED, JURY, LC01
Eastern District of Washington U.S. District Court (Spokane) CIVIL DOCKET FOR CASE #: 2:03-cv-03132-FVS

EEOC v. Highland Fruit, et al Assigned to: Judge Fred Van Sickle Referred to: Magistrate Judge Michael W. Leavitt (Settlement) Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2003 Date Terminated: 01/24/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6878 Fax: 12062206911 Email: luis.lucero@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen Flores Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6883 Email: carmen.flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Drieband Equal Employment Opportunity Commission - DC Office of the General Counsel 1801 L Street NW Washington, DC 20507 202-634-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams

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Intervenor Plaintiff Maria R Ramirez
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https://ecf.waed.uscourts.gov/cgi-bin/DktRpt.pl?703326402172594-L_...
Equal Employment Opportunity Commission - DC Office of the General Counsel 1801 L Street NW Washington, DC 20507 202-634-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L Lee Equal Employment Opportunity Commission - DC Office of the General Counsel 1801 L Street NW Washington, DC 20507 202-634-6000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn B Olson Equal Employment Opportunity Commission - SEA Seattle District Office 909 First Avenue Suite 400 Seattle, WA 98104 206-220-6895 Fax: 12062206911 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keller Wayne Allen Allen & McLane PC Paulsen Center Suite 421 421 West Riverside Avenue Spokane, WA 99201 509-777-2211 Email: kwa@allenmclane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Douglas Kamitomo The Markam Group Inc PS 421 W Riverside Avenue Suite 1060 Spokane, WA 99201 509-747-0902 Fax: 15097471993
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Intervenor Plaintiff Gabriela Uribe
Intervenor Plaintiff Maria Cardenas
V. Defendant Highland Fruit Growers Inc

Email: mark@markamgrp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keller Wayne Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Douglas Kamitomo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keller Wayne Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Douglas Kamitomo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Brendan Victor Monahan Velikanje Moore & Shore PS 405 E Lincoln Avenue P O Box 22550 Yakima, WA 98907 509-248-6030 Email: bmonahan@vmslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 10/23/2003

#

Docket Text

1 COMPLAINT JURY TRIAL DEMAND (Summons(es) issued) Fee-status: wv Receipt #: wv (CR) (Entered: 09/29/2003)
2 SUMMONS/RETURN OF SERVICE executed upon defendant Highland Fruit via service on Registered Agent Robert Ball on 10/13/03 (LE) (Entered: 10/23/2003)

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10/31/2003 11/23/2003 01/05/2004 02/02/2004 02/05/2004 02/13/2004 02/13/2004
02/13/2004 07/16/2004 07/16/2004 07/22/2004 07/27/2004
07/28/2004 08/06/2004 09/21/2004 10/01/2004

3 ANSWER AND AFFIRMATIVE DEFENSES by defendant Highland Fruit Growers Inc (RF) (Entered: 11/03/2003)
Law Clerk assigned to case is 01 (PW) (Entered: 11/23/2003)
Sched Conference Notice ;telephonic sched conf 9:00 2/13/04 Spokane, WA (PW) (Entered: 01/05/2004)
4 Joint Discovery Plan pur. to FRCP 26(F) (RF) (Entered: 02/02/2004)
5 Rule 7.1 Corporate Disclosure Statement by defendant Highland Fruit (LE) (Entered: 02/06/2004)
FAXED/MAILED order/judgment SCHEDULING CONFERENCE ORDER (cc: to all counsel) (LE) (Entered: 02/13/2004)
7 Scheduling Conference Order by Chief Judge Fred Van Sickle: paraties shall file joint settlement status rpt by 7/27/04 & a tele conf re settlement status rpt will be held 7/30/04 at 8:30 w/court to initiate the call; Disp mtn ddl: 10/18/04; Mtn in limine ddl: 12/20/04; discovery to be complete 10/11/04; trial briefs, voir dire & proposed jury instr ddl 1/24/05; pretrial conference 8:30 1/18/05 Yakima, WA; proposed PTO due 1/13/05; Jury Trial set 9:00 2/7/05 Yakima, WA (cc:all counsel) (LE) Modified on 02/18/2004 (Entered: 02/18/2004)
6 MINUTES: SCHED CONF Hearing Location: Spokane, WA CR/ER: No before Chief Judge Fred Van Sickle; order forthcoming (LE) (Entered: 02/18/2004)
8 Stipulation to allow intervention of Maria R. Ramirez, Gabriela Uribe, and Maria Cardenas and to extend expert disclosure deadlines (SAP) (Entered: 07/16/2004)
9 PROPOSED RECEIVED Order granting intervention to Maria R. Ramirez, Gabriela Uribe & Maria Cardenas & extending deadlines for expert witness disclosures re: stipulation [8-1] (SAP) (Entered: 07/16/2004)
Courtroom Deputy Modification (Utility Event) Settlement conf tele 8:30 8/6/04 Spokane, WA; Joint settlement status report due 7/30/04 (RF) (Entered: 07/22/2004)
10 ORDER by Chief Judge Fred Van Sickle (granting Intervention to Maria R Ramirez, Gabriela Uribe and Maria Cardenas and Extending Deadlines for Expert Witness Disclosures [8-1]) (cc: all counsel) (CR) Modified on 07/28/2004 (Entered: 07/28/2004)
11 Intervenor's COMPLAINT by intervenor-plaintiff (Jury Trial Demanded) (CR) (Entered: 07/29/2004)
Courtroom Deputy Modification (Utility Event) ; Telephone status conf re set 8:30 10/4/04 Spokane, WA (PW) (Entered: 08/06/2004)
Courtroom Deputy Modification (Utility Event) ; Telephone status conf set 10:00 9/21/04 Spokane, WA (PW) (Entered: 09/21/2004)
Courtroom Deputy Modification (Utility Event) ; Telephone status conf reset 2:30 10/14/04 Spokane, WA (PW) (Entered: 10/01/2004)

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10/12/2004 10/12/2004 10/12/2004 10/12/2004 10/12/2004 10/14/2004 10/14/2004
10/14/2004 10/19/2004 10/19/2004 10/19/2004 10/25/2004
11/02/2004

12 JOINT SETTLEMENT STATUS REPORT by Maria Cardenas, Maria R Ramirez, Gabriela Uribe. (LE, Case Administrator) (Entered: 10/13/2004)
13 MOTION for Order Amending Scheduling Order 7 by Highland Fruit Growers Inc. (LE, Case Administrator) (Entered: 10/14/2004)
14 Points and Authorities in Support re 13 MOTION to Amend Court's Scheduling Order 7, filed by Highland Fruit Growers Inc. (LE, Case Administrator) (Entered: 10/14/2004)
15 CERTIFIED STATEMENT of Brendan V. Monahan in Support of 13 MOTION to Amend Court's Scheduling Order 7, filed by Highland Fruit Growers Inc. (Attachments: # 1 Stipulated & Proposed Amendments to Scheduling Order)(LE, Case Administrator) (Entered: 10/14/2004)
16 MOTION for Order to Expedite by Highland Fruit Growers Inc. (Attachments: # 1 Text of Proposed Order)(LE, Case Administrator) (Entered: 10/14/2004)
17 RESPONSE to Motion re 13 MOTION to Amend Court's Scheduling Order 7,, 16 MOTION to Expedite filed by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe. (LE, Case Administrator) (Entered: 10/14/2004)
18 DECLARATION by Carmen Flores in Support of 17 Response to Defendant's Motion for Order Amending Scheduling Order by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe. (Attachments: # 1 Exhibits 1 through 3; # 2 Exhibits 4 through 6)(LE, Case Administrator) (Entered: 10/14/2004)
19 PROOF OF SERVICE by Maria Cardenas, Equal Employment Opportunity Commission, Maria R Ramirez, Gabriela Uribe re 17 Response to Motion, 18 Declaration, (LE, Case Administrator) (Entered: 10/14/2004)
20 ORDER GRANTING MOTIONS: granting 13 Motion to Amend/Correct, granting 16 Motion to Expedite. A telephonic scheduling conf will be held 11/9/04 at 8:30 a.m. with pltf to initiate the call. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 10/19/2004)
Set/Reset Hearings: Telephonic Scheduling Conference set for 11/9/2004 08:30 AM before Chief Judge Fred Van Sickle w/plaintiff to initiate the call. See Order 20 filed 10/19/04. (LE, Case Administrator) (Entered: 10/19/2004)
21 ORDER REFERRING CASE to Magistrate Judge - for Settlement Conference Michael W. Leavitt. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 10/19/2004)
22 ORDER SETTING SETTLEMENT CONFERENCE re 21 Order Referring Case to Magistrate Judge - Settlement Conference. Settlement Conference set for 1/12/2005 09:00 AM in Yakima before Magistrate Judge Michael W. Leavitt . Signed by Judge Michael W. Leavitt. (LE, Case Administrator) (Entered: 10/25/2004)
23 STATUS REPORT Amended Scheduling Certificate by Highland Fruit Growers Inc. (Monahan, Brendan) (Entered: 11/02/2004)

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11/05/2004 11/22/2004 11/24/2004 01/12/2005 01/24/2005 01/28/2005
02/14/2005

TEXT NOTICE: NO PDF ATTACHED Reset Scheduling Conference -- move from 11/9/2004 to 11/22/2004 11:30 AM Telephonic Argument before Chief Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 11/05/2004)
24 Minute Entry for TELEPHONIC proceedings held before Judge Fred Van Sickle : Scheduling Conference held on 11/22/2004. ( Not Reported) (PW, Courtroom Deputy) (Entered: 11/22/2004)
25 SCHEDULING CONFERENCE ORDER: Pretrial Conference set for 7/5/2005 08:30 AM in Spokane before Chief Judge Fred Van Sickle. Jury Trial set for 7/25/2005 09:00 AM in Yakima before Chief Judge Fred Van Sickle. Signed by Judge Fred Van Sickle. (CR, Case Administrator) (Entered: 11/24/2004)
26 Minute Entry for proceedings held before Judge Michael W. Leavitt: Settlement Conference held on 1/12/2005. (Reported/Recorded by: FTR-Y) (AG, Courtroom Deputy) (Entered: 01/13/2005)
27 ORDER CLOSING FILE; this case has been settled; DCE directed to close file. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 01/24/2005)
28 NOTICE by Equal Employment Opportunity Commission Consent Decree and Proposed Order of Dismissal (Attachments: # 1)(Flores, Carmen) Modified on 2/9/2005 **NOTE: THIS IS A PROPOSED ORDER; ATTORNEY WILL FORWARD COPY OF ORDER TO JUDGE'S CHAMBERS** (LE, Case Administrator). (Entered: 01/28/2005)
29 CONSENT DECREE AND ORDER OF DISMISSAL; based on stipulated agreement of the parties, this lawsuit is dismissed with prejudice and without costs or attorneys' fees to any party. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 02/14/2005)

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 Office of General Counsel FY 2005 Annual Report

Page 1 of 1

The failure to establish, or adequately implement, a sexual harassment policy has been a factor in a number of EEOC's harassment suits against agribusinesses. For example, in EEOC v. Highland Fruit Growers, Inc. (E.D. Wash. Feb. 14, 2005), EEOC alleged that a supervisor at a fruit packing and distribution company subjected female fruit sorters and packers at its Yakima, Washington facility to sexual comments, coerced one worker into a sexual relationship, and terminated women for opposing the harassment. The company had no sexual harassment policy and took no corrective action in response to complaints by the women. Under a consent decree, four women will receive a total of $150,000, and the company is enjoined from future discrimination and will retain a consultant to conduct an internal audit of its antidiscrimination policies and help prepare new policies (in English and Spanish) with a reporting mechanism.

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

5/23/2007