Confidential
Settlement – $993,500Facts
The EEOC announced a conciliation agreement reached with Gilroy Foods and its owner ConAgra Foods Inc. This resolved complaints filed with the EEOC, alleging disability discrimination at an onion and garlic dehydration plant in King City. The federal investigation found that workers were denied hire in violation of the American with Disabilities Act. In July 1999, Teamsters Local 890 led a strike of 750 workers at the 800-worker plant in King City, then owned by Basic Vegetable Products LP. In November 2000, ConAgra bought the facility. In August 2001, it successfully negotiated with the union to end the two-year strike with a new contract that would recall workers based on seniority. However, the recall process excluded people who were on leave at the time of the purchase, including those out due to work injury or pregnancy. Others were denied jobs due to a history of previous injury or illness, even though they had been doing the work for years and had no restrictions against returning to work. According to EEOC Enforcement Supervisor Rich Proulx, who oversaw the investigation and negotiation stated that "the ADA protects workers qualified to work who have a disability or have a history of a disability, or are regarded as having a disability." He noted that ConAgra's recall process denied jobs to workers who were on leaves of absence at the time of the purchase and those who had medical records of impairment or illness, without properly assessing each worker's qualifications. Jessica Berg, a ConAgra Foods spokesperson, stated that this dispute arose over the misunderstanding of re-employment rights of a small group of employees who were on leaves of absence when ConAgra bought the plant.
Settlement Discussions
The parties agreed to a settlement of $993,500 and job offers with an estimated value of $500,000.
Damages
Most of the 39 workers who were excluded from the recall process had been working at the onion and garlic processing plant for 10 to 20 years. Most of the workers were Hispanic females in their 30s and 40s and married with children. The EEOC sought on their behalf lost wages and job offers.
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