United States Equal En~ployn~ent Opportunity Con~mission 

Iris Santiago-Flores, Trial Attorney 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

EQUAL EMPLOYMENT C)PPORTUNITY ) 

COMMISSION, ) 

) 

Plaintiff, ) 

, 

0"" ACTION NO. 

v. / C~4--xC2Ci5 

AMYCEL, INC., (a subsidiary of 

MONTEREY MUSHROOMS, INC.), DEMAND 

Defendant. 

NATURE OF THE ACTION 

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

Rights Act of 1991 to correct unlawful employment practices that discriminate on the basis of 

national origin and retaliation and to provide appropriate relief to Ronald Berger, who was adversely 

affected by such practices. As articulated with greater particularity in paragraphs 7 and 8 below, the 

Commission alleges that Mr. Berger was subjected to a hostile work environment because of his 

national origin when he was subjected to humiliating and offensive insults and derogatory remarks 

by his direct supervisor. The Commission alleges that although Mr. Berger objected to such 

offensive conduct, the harassment did not stop. 

In addition, the Commission alleges that as a result of his complaints of illegal harassment 

Defendant Employer terminated Mr. Berger's employment abruptly and denied him other 

Case 2:04-cv-03295-WY Document 1 Filed 07/13/04 Page 1 of 8
employment opportunities in retaliation for his complaints of discrimination. Consequently, Mr. 

Berger suffered backpay and frontpay losses, as well as severe emotional distress damages. 

JURISDICTION AND VENUE 

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $5 45 I, 133 1, 1337,1343 

and 1345. This action is authorized and instituted pursuant to 5 706(f) (1) and (3) of Title VII of the 

Civil Rights Act of 1964, as amended, 42 U.S.C. "5 2000e-5(f)(l) and (3)" ("Title VU") and Section 

102 of the Civil Rights Act of 1991,42 U.S.C. 5 1981A. 

2. The employment practices alleged to be unlawful were and are now being committed 

within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania. 

PARTIES 

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is 

the agency of the United States of America charged with the administration, interpretation and 

enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(l) and 

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

4. At all relevant times, Defendant Employer, Amycel, Inc., has continuously been and 

is now doing business in Avondale, Pennsylvania and has continuously had at least fifteen (15) 

employees. Upon information and belief, Defendant Amycel, Inc., is a wholly owned subsidiary of 

Monterey Mushrooms, Inc., a California corporation with over 3,000 employees. 

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

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

Title VII, 42 U.S.C. $5 2000e(b), (g) and (h). 

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STATEMENT OF CLAIMS 

6. More than thirty days prior to the institution of this lawsuit, the Charging Party, 

Ronald Berger, filed a charge of employment discrimination with the Commission alleging 

violations of Title VII by Defendant Employer. All conditions precedent to the institution of this 

lawsuit have been fulfilled. 

7. Since at least October 2002, Defendant Employer engaged in unlawful employment 

practices in violation of Section 703(a) (1) of Title VII, 42 U.S.C. 5 2000e-2(a) (I), by subjecting 

Ronald Berger to a hostile and abusive work environment when Defendant's Sales Director, Carl 

Fusco engaged in a pattern of harassment against Mr. Berger. The offensive conduct includes, but 

is not limited to, the following: 

(a) Defendant is a mushroom production and distribution company with over 3,000 

employees. 

(b) Ronald Berger is of Mediterranean descent, has an olive complexion, and had a full 

beard at the relevant time of his employment with Defendant. 

(c) Mr. Berger was hired on June 10, 1985, as a Grower Trainee at Defendant's 

California location. Thereafter, he received a series ofpromotions. In or about September 2002, Carl 

Fusco (white), Sales Director, became Mr. Berger's supervisor, when Mr. Berger was promoted to 

a Plant Manager position. Mr. Berger relocated to work at Defendant's Avondale, Pennsylvania 

facility in or about February :!002. His job title was later changed to Distribution Manager. 

(d) At all relevant times during his employment, Mr. Berger'sperfom~ance was satisfactory. 

(e) In early October 2002, while waiting in a queue with Mr. Fusco at the Edmonton, 

Canada airport, Fusco grabbed Mr. Berger's driver's license, looked at the picture on it and publicly 

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referred to him in a loud voice as a "terrorist!" 

(f) On several other occasions in the workplace and in front of other employees, Fusco 

commonly referred to Mr. Berger as "Osama Bin Laden", and specifically called him "Osama Bin 

Laden" at a staff meeting on March 17,2003. 

(g) Louise Gambill, Defendant's Human Resources Assistant, also referred to Mr. Berger 

as a "terrorist" in April 2003, in Defendant Employer's board room when staff were reviewing job 

applications for driver positions. 

(h) Mr. Berger complained to Mr. Fusco that the offensive comments were unwelcome; 

however, the harassment continued. On April 23, 2003, Mr. Berger complained to Defendant 

Employer's Human Resources Manager about the harassment. However, Defendant Employer took 

no corrective action. 

(i) The offensive conduct caused Mr. Berger great embarrassment, humiliation, and 

detrimentally affected his performance and work environment. 

8. Further, on or about July 18, 2003, Defendant Employer engaged in unlawful 

employment practices in violation of Section 704(a)(l), as amended, 42 U.S.C. 5 2000e- 3(a). 

Specifically, the Commission alleges that Defendant discriminated against Mr. Berger when it 

terminated his employment, denied him other available job opportunities, and deemed him "not rehireable" in retaliation for his complaints of discrimination, as follows: 

(a) On April 23,2003, Mr. Berger complained to Defendant's Human Resource Manager, 

Monique Hamrick, who is located in Defendant's Corporate ofice in California, that he was being 

subjected to national origin harassment when he was repeatedly called "Osama Bin Laden" and 

"terrorist" by his supervisor., Carl Fusco. 

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(b) On May 6, 2003, Mr. Berger communicated again with Ms. Hamrick about the 

progress of Defendant Employer's investigation into his discrimination complaint. 

(c) On June 5,2003, Defendant Employer recommended the termination ofMr. Berger 

as soon as he returned from his expected vacation in June. Although Defendant Employer concluded 

its investigation of Mr. Berger's harassment complaint on June 12,2003, it failed to address the issue 

of whether Mr. Berger was subjected to national origin harassment. 

(d) On July 12, 2003, Mr. Berger returned from vacation earlier than planned because 

Fusco advised him that he would be needed to be "on call" during the weekend of June 12,2003, 

and that he needed to report 1:o the facility on July 14,2003. However, four days after returning to 

work, on July 18, 2003, Mr. Berger's employment was terminated and he was told that his 

Distribution Manager position was being eliminated because it had never been budgeted 

appropriately. Further, Mr. Berger was unjustly denied other available positions withinDefendant's 

company, and was deemed not "re-hireable." Fusco quickly escorted Mr. Berger to his car with his 

belongings and was told to leave the premises. 

9. The effect of the practices complained of in paragraphs 7 and 8 above have been to 

deprive Mr. Berger of equal employment opportunities and otherwise adversely affect his status as 

an employee because ofhis national origin and in retaliation for his complaints ofillegal harassment. 

10. The unlawful employment practices complainedof in paragraphs 7 and 8 above were 

done with malice or with reckless indifference to the federally protected rights of Mr. Berger. 

11. The acts complained of in paragraphs 7 and 8 above were intentional. 

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PRAYER FOR RELIEF 

Wherefore, the Commission respectfully requests that this Court: 

A. Grant apermiment injunctionenjoining Defendant Employer, its officers, successors, 

assigns, and all persons in active concert or participation with it, from engaging in harassment, 

discharge , and any other employment practice which discriminates on the basis of national origin 

andlor retaliation. 

B. Order Defendant Employer to institute and carry out policies, practices, and programs 

which provide equal employment opportunities for employees, which eradicate the effects of its past 

and present unlawful employment practices. 

C. Order Defendant Employer to make whole Ronald Berger by providing appropriate 

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

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

but not limited to rightful-place reinstatement. 

D. Order Defendant Employer to make whole Mr. Berger by providing compensation 

for past and future pecuniary losses resulting from the unlawful employment practices described in 

paragraphs 7 and 8 above, including but not limited to out-of-pocket losses in amounts to be 

determined at trial. 

E. Order Defendant Employer to make whole Mr. Berger by providing compensation 

for past and future nonpecuniary losses resulting from the unlawful practices complained of in 

paragraphs 7 and 8 above, iricluding pain and suffering, humiliation, embarrassment, and loss of 

life's pleasures, in amounts to be determined at trial. 

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F. Order Defendant Employer to pay Mr. Berger punitive damages for its malicious and 

reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial. 

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

interest. 

H. Award the Commission its costs of this action. 

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JURY TRIAL DEMAND 

The Commission requests a jury trial on all questions of fact raised by its complaint. 

Respectfully submitted, 

ERIC S. DRELBAND 

General Counsel 

JAMES L. LEE 

Deputy General Counsel 

GWENDOLYN YOUNG REAMS 

Associate General Counsel 

U.S. EEOC, Philadelphia District Office 

21 S. 5'h Street, Suite 400 

Philadelphia, PA 19 106 

(2 15) 440-2684(direct) 

(215) 440-2828(fax) 

PA BAR ID No.: PA60171 

Iris.Flores@,eeoc.~ov 

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