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Court upholds award in abuse of fieldworker
By Robert Rodriguez / The Fresno Bee
A federal court has upheld a 2005 sexual harassment and retaliation jury
verdict that awarded a former Harris Farms employee nearly $1 million in
damages and lost wages.
Olivia Tamayo, a Mexican immigrant, testified during a six-week trial in
Fresno that her supervisor raped her several times and subjected her to
continued sexual harassment and intimidation.
A jury ruled in her favor, giving her $994,000, including $500,000 in
punitive damages. The punitive damages were later reduced to $300,000
because of federal limits.
Harris Farms, one of the region's largest farming operations, filed an
appeal, arguing that U.S. District Judge Anthony Ishii admitted evidence
that should not have been shown to the jury and that the punitive
damages awarded by the jury were not supported.
But in a recent opinion, the 9th U.S. Circuit Court of Appeals rejected
their arguments, saying the punitive damages were appropriate because of
Harris Farms' retaliation against Tamayo for pursuing her harassment
complaints.
Equal Employment Opportunity Commission regional attorney William Tamayo
(no relation to Olivia Tamayo) said: "The 9th Circuit agreed with the
jury's verdict: Punitive damages were justified in light of the
retaliation Mrs. Tamayo suffered. As an immigrant with limited education
and limited English, she faced significant financial risks and social
obstacles to speak out against harassment."
Lowell Carruth, who represents Harris Farms, said he was disappointed at
the court of appeals decision and is considering its next legal step.
"We just got the decision this week and we will make our decision fairly
soon," Carruth said. "We are looking at our options."
Those options could include requesting a rehearing before a panel of
appeals court judges or a review by the state supreme court.
Since the jury's verdict, Olivia Tamayo has been recognized by
farmworker and advocacy organizations for reporting the sexual
harassment and enduring retaliation by her supervisor, EEOC officials
said.
In a prepared statement she said: "In the past years, I have talked to
many farmworker women who did not know that they were protected from
being abused .”
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