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KBAK-TV (
Kern
grower faces sexual harassment suit
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
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
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.
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