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June 19, 2009
Nursery sued over sex assaults
The U.S. Equal Employment Opportunity Commission has accused a Molalla
plant nursery of retaliating against farmworkers who resisted sexual
harassment, including firing one woman who repeatedly was raped by a
supervisor.
Government attorneys on Thursday filed a lawsuit against Willamette Tree
Wholesale in U.S. District Court of Oregon. The civil suit contends the
company violated federal law by allowing employees to be sexually
harassed.
"Our investigation found that sexual harassment at Willamette Tree was
widespread, tolerated, expected, and a condition of employment," said
Michael Baldonado, the Equal Employment Opportunity Commission's
district director.
An attorney representing Willamette Tree declined to comment about the
allegations.
Willamette Tree has 140 acres of farmland near Molalla as well as a
garden supply store and business office.
The government alleges that a 38-year-old Hispanic woman was taken to
remote areas of the farm by a company foreman and raped repeatedly
during several months. The harasser coerced the victim with pruning
shears and made threats against her life as well as against her family,
according to a statement issued by government attorneys.
When the worker refused to be sexually assaulted again, she was fired,
officials said.
Another Hispanic co-worker faced daily sexual innuendoes, propositions
for sex and other harassment, the government alleges. When she and her
husband, who also worked there, reported sexual harassment by a crew
leader, Willamette Tree failed to investigate or respond to their
complaint.
The Equal Employment Opportunity Commission also alleges that the couple
and her brother were fired in retaliation for having reported and
opposed sexual harassment.
The lawsuit seeks monetary damages on behalf of the workers, training on
anti-discrimination laws, posting of work site notices and other
injunctive relief.
This is the third recent case in which an Oregon agricultural employer
has been accused of allowing workers to be subjected to a sexually
hostile work environment.
In September, the government sued Schiemer Farms, near the Malheur
County town of Nyssa. The government also filed a lawsuit in September
against Wilcox Farms in Aurora.
"We hope this third Oregon lawsuit will send notice to employers in this
industry to stop predatory sexual behavior and abuses of supervisor
power," said William Tamayo, an attorney with Equal Employment
Opportunity Commission.
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