SALEM (Oregon) STATESMAN-JOURNAL

June 19, 2009

Nursery sued over sex assaults

Government says sexual harassment was tolerated and expected at tree farm

By Michael Rose
Statesman Journal

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.