Facts

The Equal Employment Opportunity Commission filed a complaint against Roy Farms Inc. on behalf of Roy Farms' employees.

PLAINTIFF'S CONTENTIONS:
Martin Barrera worked for Roy Farms. In 2010, Barrera filed a complaint with the EEOC alleging that Roy Farms subjected him and other male workers to a hostile work environment based on sex. Barrera contended that as a result of being harassed for nearly two years, he was constructively discharged in violation of his civil rights. Following an investigation, the EEOC discovered related claims of other Roy Farms' male employees. As such, the EEOC found reasonable cause to believe that Roy Farms violated their Title VII rights as well.

The EEOC contended that Roy Farms' Orchard Supervisor referred to Barrera, and other male workers, using derogatory and sexually charged words. The EEOC also contended that the Orchard Supervisor frequently threatened Barrera and other male workers with sexual assault, and subjected them to unwanted touching on their face, backs, and buttocks. The EEOC further contended that the Orchard Supervisor would display his genitals to Barrera and the other workers, and made sexually vulgar comments while urinating. The EEOC argued that although Barrera complained to a previous supervisor and one of the company's owners about his supervisor's offensive and unwelcome conduct, Roy Farms failed to either prevent or remedy the hostile work environment. As a result, Barrera claimed he was forced to resign his position.

The EEOC filed a lawsuit against Roy Farms alleging that it violated Title VII of the Civil Rights Act by maintaining a hostile work environment based on sex.

Barrera was also represented by private counsel and asserted similar claims seeking recovery under federal and state law.

DEFENDANT'S CONTENTIONS:
Roy Farms' denied any wrongdoing. Roy Farms asserted that it would continue to provide its managers and foremen with education and training in sex harassment. It also asserted that it would work closely with the EEOC to ensure that its employee training programs continue to provide its employees with the tools necessary to promote a healthy workplace.

Result

The parties agreed to enter into a Consent Decree, in which Roy Farms agreed to injunctive and monetary relief, without admission of any wrongdoing. As part of the settlement, Roy Farm agreed to, among others, implement anti-discrimination, harassment, and retaliation policies, and pay up to $85,000 to settle the EEOC's claims.