Rivera Vineyards settles with EEOC for about $1 million
Rivera Vineyards settles with EEOC for about $1 million
Thermal, CA-based Rivera Vineyards Inc. has settled a lawsuit brought by the Los Angeles office of the U.S. Equal Employment Opportunity Commission in September 2003 on behalf of a group of employees -- mostly Hispanic women -- who alleged they were sexually harassed, retaliated against for complaining and segregated into certain jobs based on gender.
The judgment was for $1.05 million, one of the larger employment discrimination settlements by the U.S. Equal Employment Opportunity Commission in the agribusiness industry and the second $1 million hit by the EEOC against the industry in the past year. The plaintiff is Rivera Vineyards Inc., doing business as Blas Rivera Vineyards, Linda Vineyards Inc., BR Co. and Oasis Distributing.
As trustee of the Rivera Family Trust, Blas Rivera -- owner of Rivera Vineyards -- has agreed to be bound by the terms and obligations of the final consent decree. However, he was not cited as having any involvement in the sexual harassment allegations. No names of alleged harassers were included in either EEOC's press release or in the court's final consent decree.
Shawn Caine, lead attorney for the defendants, said Rivera Vineyards vehemently disputes all charges in the lawsuit. Mr. Caine said that he was "prepared to vindicate my client in court." He added that a trial could have taken six to 12 months at a cost that would include attorney's fees and the use of interpreters that "would have been extremely more costly than the $1.05 million settlement Rivera Vineyards has to pay -- not to mention the emotional toll on everyone involved. Settling out of court was deemed the best solution under the circumstances and was a "win-win for everyone involved, Mr. Caine said.
Charles Ellis -- general business counsel and chief negotiator for the defendants -- said in a statement that the settlement "is a confirmation of [Rivera Vineyards] long-term support of the goals of Title VII and an economic advantage to all parties.
The EEOC alleged that defendants subjected Virginia Mejia, Rosario Taylor and other similarly situated women to sexual harassment. The EEOC also alleged that the defendants unlawfully subjected Ms. Mejia, Ms. Taylor, and other similar situated individuals to retaliation for engaging in a protected activity of opposing the sexual harassment by subjecting them to termination and/or for failing to recall them to work.
The EEOC further alleged that the defendants subjected women to sex discrimination by segregating and prohibiting women from working certain positions, such as pruning, girdling and irrigation. EEOC alleged that when a longtime employee tried to complain about the harassment, she and her entire crew were terminated and not hired back.
Ms. Park said that the dismissed workers included a few men and all were fired in connection with supporting the claims of harassment and included those who claimed harassment. The job segregation allegations involved 57 workers, with overlap of workers from the other complaints in the lawsuit, she said. In total, the EEOC has identified 57 workers who are eligible for settlement money at varying rates of compensation.
Mr. Caine said that of 1,800 or more workers employed by Rivera Vineyards at its busiest times, there are no similar complaints from workers other than 57 in the lawsuit. Further, the claims revolve around a single work crew without overlap into other work crews, he said.
Mr. Caine disputes Ms. Park's assertion that 37 workers were fired, saying that all but one was offered work for the following season. A number of those workers "latched on with other crews the following season, he said. The only worker fired was Ms. Mejia -- a crew foreman and one of two lead plaintiffs -- and she was fired for "poor performance, Mr. Caine said.
As for the allegation that women were prohibited from working certain positions, those jobs involved "girdling and swamping, which is the loading of field trucks, which are "difficult tasks, Mr. Caine said. He added that Mr. Rivera "supports the policies and goals of the Civil Rights Act, and that he is an "outstanding employer.
The settlement follows on the heels of a federal-court jury in Fresno, CA, that found Coalinga, CA-based Harris Farms Inc. liable for sexual harassment and awarded its employee in the case nearly $1 million, a verdict that outraged Harris Farms -- one of California's larger agricultural businesses. EEOC brought that suit against Harris Farms. John Harris, owner of Harris Farms, told The Produce News that Harris Farms is appealing the decision.
Rivera Vineyards, one of the larger table grape grower-shipper operations in the Coachella Valley, removed itself from the 2005 fresh table grape shipping season. The company told The Produce News in late April that it had not changed its farming practices on grapes and that it still had more than 2,000 acres of grapes in production. At that time, the company confirmed that for the 2005 season it would divert its normal fresh table grape production to concentrate fresh juice and raisins.
Ms. Park said that she hopes Rivera Vineyards would continue to be a fully functioning company that employs a large workforce. "Our mission is not to force people out of business, Ms. Park said.
Mr. Caine said that Rivera Vineyards owner Blas Rivera decided to remove the company from the 2005 table grape harvest for sound business reasons as well as because of the pending settlement of the lawsuit.
The judgment was for $1.05 million, one of the larger employment discrimination settlements by the U.S. Equal Employment Opportunity Commission in the agribusiness industry and the second $1 million hit by the EEOC against the industry in the past year. The plaintiff is Rivera Vineyards Inc., doing business as Blas Rivera Vineyards, Linda Vineyards Inc., BR Co. and Oasis Distributing.
As trustee of the Rivera Family Trust, Blas Rivera -- owner of Rivera Vineyards -- has agreed to be bound by the terms and obligations of the final consent decree. However, he was not cited as having any involvement in the sexual harassment allegations. No names of alleged harassers were included in either EEOC's press release or in the court's final consent decree.
Shawn Caine, lead attorney for the defendants, said Rivera Vineyards vehemently disputes all charges in the lawsuit. Mr. Caine said that he was "prepared to vindicate my client in court." He added that a trial could have taken six to 12 months at a cost that would include attorney's fees and the use of interpreters that "would have been extremely more costly than the $1.05 million settlement Rivera Vineyards has to pay -- not to mention the emotional toll on everyone involved. Settling out of court was deemed the best solution under the circumstances and was a "win-win for everyone involved, Mr. Caine said.
Charles Ellis -- general business counsel and chief negotiator for the defendants -- said in a statement that the settlement "is a confirmation of [Rivera Vineyards] long-term support of the goals of Title VII and an economic advantage to all parties.
The EEOC alleged that defendants subjected Virginia Mejia, Rosario Taylor and other similarly situated women to sexual harassment. The EEOC also alleged that the defendants unlawfully subjected Ms. Mejia, Ms. Taylor, and other similar situated individuals to retaliation for engaging in a protected activity of opposing the sexual harassment by subjecting them to termination and/or for failing to recall them to work.
The EEOC further alleged that the defendants subjected women to sex discrimination by segregating and prohibiting women from working certain positions, such as pruning, girdling and irrigation. EEOC alleged that when a longtime employee tried to complain about the harassment, she and her entire crew were terminated and not hired back.
Ms. Park said that the dismissed workers included a few men and all were fired in connection with supporting the claims of harassment and included those who claimed harassment. The job segregation allegations involved 57 workers, with overlap of workers from the other complaints in the lawsuit, she said. In total, the EEOC has identified 57 workers who are eligible for settlement money at varying rates of compensation.
Mr. Caine said that of 1,800 or more workers employed by Rivera Vineyards at its busiest times, there are no similar complaints from workers other than 57 in the lawsuit. Further, the claims revolve around a single work crew without overlap into other work crews, he said.
Mr. Caine disputes Ms. Park's assertion that 37 workers were fired, saying that all but one was offered work for the following season. A number of those workers "latched on with other crews the following season, he said. The only worker fired was Ms. Mejia -- a crew foreman and one of two lead plaintiffs -- and she was fired for "poor performance, Mr. Caine said.
As for the allegation that women were prohibited from working certain positions, those jobs involved "girdling and swamping, which is the loading of field trucks, which are "difficult tasks, Mr. Caine said. He added that Mr. Rivera "supports the policies and goals of the Civil Rights Act, and that he is an "outstanding employer.
The settlement follows on the heels of a federal-court jury in Fresno, CA, that found Coalinga, CA-based Harris Farms Inc. liable for sexual harassment and awarded its employee in the case nearly $1 million, a verdict that outraged Harris Farms -- one of California's larger agricultural businesses. EEOC brought that suit against Harris Farms. John Harris, owner of Harris Farms, told The Produce News that Harris Farms is appealing the decision.
Rivera Vineyards, one of the larger table grape grower-shipper operations in the Coachella Valley, removed itself from the 2005 fresh table grape shipping season. The company told The Produce News in late April that it had not changed its farming practices on grapes and that it still had more than 2,000 acres of grapes in production. At that time, the company confirmed that for the 2005 season it would divert its normal fresh table grape production to concentrate fresh juice and raisins.
Ms. Park said that she hopes Rivera Vineyards would continue to be a fully functioning company that employs a large workforce. "Our mission is not to force people out of business, Ms. Park said.
Mr. Caine said that Rivera Vineyards owner Blas Rivera decided to remove the company from the 2005 table grape harvest for sound business reasons as well as because of the pending settlement of the lawsuit.
