KBAK-TV (Bakersfield, California)

January 13, 2010

 

Kern grower faces sexual harassment suit

by Carol Ferguson, Eyewitness News

KERN COUNTY, Calif. -- Giumarra Vineyards is being sued in federal court for allegedly allowing a teenage worker to be sexually harassed and then retaliating against the coworkers who reported the abuse.

Giumarra denies the allegations filed by the U.S. Equal Employment Opportunity Commission.

"The EEOC takes seriously where teenage victims are subjected to egregious acts of sexual misconduct in the workplace," EEOC Regional Attorney Anna Y. Park said in a statement. "Moreover, aggressive acts of retaliation against workers who exercise their rights to oppose unlawful harassment will not be tolerated."

Park told Eyewitness News by phone Wednesday afternoon the action was being filed "on behalf of people doing the right thing."

Giumarra Vineyards released a statement late Wednesday afternoon, and e-mailed it to Eyewitness News.

"Giumarra Vineyards denies the allegations in the complaint filed by the EEOC and will vigorously defend itself against all the allegations. When this matter is concluded we are confident that our position will be affirmed."

The lawsuit alleges the 17-year-old victim was the subject of "almost daily" harassment.

"That conduct included, but was not limited to, repeated sexual advances; graphic requests for her to have sex with him; and offensive sexual comments such as telling her that he had a large penis and that he wanted to stick it in her," the suit reads.

The lawsuit alleges the sexual conduct by the coworker was unwelcomed by the victim. It said she always rejected his advances and made significant efforts to avoid the co-worker. And, that was further demonstrated when the victim tried to complain to Giumarra management.

It's alleged four coworkers went to Giumarra management officials on July 19, 2007 -- and the next day those workers and the victim were all fired.

A spokesman for the United Farm Workers Union said his group has been aware of the case. And the sexual harassment, the allegations of retaliation against the whistleblowers, and the lack of response by Giumarra are serious.

"Once they were advised of the situation, they had a responsibility to deal with the situation," UFW National Vice-President Armando Elenes told Eyewitness News. "Unfortunately they dealt with it by terminating them."

And, he has more concerns about the victims in this case.

"We have a young girl who also happens to be indigenous, and who -- quite frankly, unfortunately -- they might have considered they could take advantage of," Elenes said.

The EEOC statement on the case said the company retaliated against a class of workers who came to the victim's aid.

"All of the victims identified in the lawsuit are indigenous Indians from Mexico, a minority among the Mexican farm worker community," it reads.

Their statement also said the EEOC filed suit after first trying to reach a pre-trial settlement.

The Commission is seeking back pay for the workers and compensation for emotional pain and suffering.