Del Monte Fresh Produce Settles Discrimination Lawsuit With EEOC
November 19, 2013
LOS ANGELESDel Monte Fresh Produce has agreed to pay $1.2 million for the benefit of Thai immigrant workers in Hawaii to settle a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the federal agency announced Monday.
The Coral Gables, Fla.-based producer of fresh fruits and vegetables also has agreed to implement measures to ensure farm labor contractors comply with federal laws against discrimination and retaliation.
"This is the first effort of its kind for a farm to ensure farm labor contractor accountability for federal anti-discrimination laws," EEOC revealed in a press release.
The lawsuit relates to recruitment of workers from Thailand from 2003 through 2006.
EEOC said Del Monte Fresh Produce's subsidiary in Hawaii is one of the first farms to settle with the agency after it filed a lawsuit in 2011. EEOC alleged that a labor contractor responsible for recruiting workers from ThailandGlobal Horizonsand several farms unfairly treated workers in violation of federal anti-discrimination laws.
The subsidiary contracted with Global Horizons for three years to tend pineapple fields that were leased on the island of Oahu, EEOC said.
In the lawsuit filed in the U.S. District Court for the District of Hawaii, EEOC contended the defendants engaged in national origin and race discrimination, harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964. Other defendants include Captain Cook Coffee Company; Kauai Coffee Company; Kelena Farms; MacFarms of Hawaii and Maui Pineapple Farms.
"We commend Del Monte Fresh Produce for taking a bold step to holding farm labor contractors accountable and to show its commitment to ensuring farm workers are treated with dignity and protected under federal anti-discrimination laws," said Anna Park, regional attorney for the EEOC's Los Angeles District Office, in a statement. "We hope this is [a] wake-up call for others in the agricultural industry to follow Del Monte Fresh Produce's lead in recognizing signs of potential abuses by farm labor contractors and taking proactive steps to hold them accountable."
Del Monte Fresh Produce did not immediately return a phone call today seeking comment.
According to EEOC, the company has agreed to implement the following measures:
Ensure farm labor contractors distribute policies and procedures prohibiting discrimination to their local work force to and to guest workers in a language they understand;
Establish mechanisms for farm labor contractors to provide notices to workers about their rights under Title VII of the Civil Rights Act of 1964;
Disseminate notices to workers, including contractors, on methods for submitting discrimination complaints;
Perform audits to ensure compliance with the EEOC consent decree;
Enlist a compliance officer to oversee compliance;
Train employees, managers and supervisors on their obligations under Title VII; and
Report to the EEOC and maintain records.
The EEOC is responsible for enforcing the federal laws prohibiting employment discrimination.
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