California Department of Fair Employment and Housing v. Terra Linda Farms
Published: May 1, 2010 | Result Date: Mar. 12, 2009 | Filing Date: Jan. 1, 1900 |Case number: C 06-07-103; C 07-08-003; C 08-09-P Settlement – $111,000
Court
Fair Employment and Housing Commission
Attorneys
Plaintiff
Nelson H. Chan
(California Civil Rights Department)
Annmarie Billotti
(Department of Fair Employment and Housing)
Defendant
Justin T. Campagne
(Campagne & Campagne APC)
Thomas E. Campagne
(Campagne & Campagne)
Facts
Maria Santillan and Maribel Rivas were contract farm labor workers employed by defendant Terra Linda Farms during the onion seasons since 1995. In July 2005, Rivas obtained a temporary restraining order after being assaulted on the job by a co-worker, who had pulled a gun on her after following her home five years earlier. Rivas, a Spanish-speaking Salvadorian immigrant, asked Santillan, her supervisor, also Spanish-speaking, to serve the TRO on the co-worker. Also in July, Rivas filed a sexual harassment complaint against him. During the remaining 2005 onion season, the women were taunted and received threats of termination. In 2006, Terra Linda Farms refused to employ the women.
Contentions
PLAINTIFFS' CONTENTIONS:
DFEH filed suit with the Fair Employment and Housing Commission, alleging employment discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA).
Result
The Commission awarded Rivas $6,500 for lost wages, and $90,000 to Rivas and Santillan for emotional suffering. The Commission also ordered Terra Linda Farms to pay $15,000 to the state's General Fund, finding it liable for failure to prevent discrimination and harassment in the workplace. Terra Linda Farms must also conduct retaliation prevention training, and post a notice stating that the Commission found it in violation of the FEHA.
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