Willamette Tree Wholesaler Sued For Sexual Harassment and Retaliation by EEOC
According to the Equal Employment Opportunity Commission ("EEOC") an Oregon nursery violated federal law when it allowed female employees to be severely sexually harassed and retaliated against the women and male co-workers after they reported the harassment. This is the EEOCs third such case against Oregon agricultural employers. Last October, the EEOC filed lawsuits against Scheimer Farms of Nyassa, Ore., and against Wilcox Farms, Inc., and Wilcox Dairy Farms Group in Aurora, Ore.
The EEOC’s suit charges that sexual harassment and retaliation occurred at the Molalla, Ore., facility of Willamette Tree Wholesale, which operates 140 acres of retail nursery farmland, including a garden supply store and business office. According to the federal agency’s investigation, one worker, a 38-year-old Latina, was taken to remote areas of the farm by the company foreman and raped repeatedly over several months. In addition to threatening her with termination and loss of needed income, the harasser physically coerced her with pruning shears, and made threats against her life as well as against her family. Ultimately, when she refused to be sexually assaulted yet again, she was fired.
Another Latina co-worker, age 35, faced daily sexual innuendos and propositions for sex as well as grabbing and touching. 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 EEOC alleges that the couple and her brother were terminated in retaliation for having reported and opposed sexual harassment.
“All sexual harassment isunacceptable, but what happened hereis unspeakable,” said EEOC Acting Chairman Stuart J. Ishimaru. “This shows how dangerous a situation can become when employers are hostile to workers' rights andsexual harassment goes unchecked. There simply is no excuse for any employer tolerating this sort of worker abuse, and enough is enough."
Sexual harassment and retaliation for complaining about it violate Title VII of Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the District of Oregon (EEOC v. Willamette Tree Wholesale, Inc. (CV-09-690-PK) after first attempting to reach a voluntary settlement out of court. The workers will be represented in the lawsuit by the Oregon Law Center, which brought the case to the EEOC’s attention. The EEOC seeks monetary damages on behalf of the workers, training on anti-discrimination laws, posting of notices at the work site, and other injunctive relief.
