WILCOX FARMS SETTLES EEOC SEXUAL HARASSMENT AND RETALIATION SUIT FOR $260,000, OTHER RELIEF

Federal Agency Says Latina Employee Forced to Quit to Escape Abusive Supervisor

PORTLAND, Ore. Wilcox Farms, which operates dairy and egg production facilities in Oregon and Washington, will pay $260,000 and provide remedial relief to settle a federal sexual harassment and retaliation suit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

The EEOC's lawsuit charged that a male supervisor repeatedly grabbed, sought to forcibly undress and propositioned Wilcox Farms employee Diana Dominguez at its Aurora, Ore., facility. According to the federal agency's investigation, the harassment continued over many months despite Dominguez's complaints to management, to the point where she began to fear for her physical safety. The EEOC found that Wilcox retaliated against Dominguez for reporting the harassment by isolating her from co-workers, forcing her to continue to work with the harasser and pressuring her to resign. Dominguez ultimately was forced to quit out of fear for her safety.

Sexual harassment and retaliation violate Title VII of the 1964 Civil Rights Act. After an investigation conducted by EEOC investigator Annalie Greer and after first attempting to reach a voluntary settlement, the EEOC filed suit on October 9, 2008 (EEOC v. Wilcox Farms, Inc., Wilcox Dairy Farms, LLC and Wilcox Farm Services, LLC, No. 08-CV-1141-MO) in U.S. District Court for the District of Oregon. Represented by the Oregon Law Center and Legal Aid Services of Oregon, Dominguez intervened in the EEOC lawsuit to add claims under state law.

Under the terms of the consent decree settling the suit, Wilcox Farms denied any wrongdoing but will pay Dominguez $260,000. The company also agreed to adopt and to distribute to all employees a sexual harassment policy written in both English and Spanish; make its complaint procedures more convenient for employees to report harassment and retaliation; conduct sexual harassment training in English and Spanish for all managers, supervisors and employees; and to provide various reports to the EEOC over a three-year period.

Dominguez said, This job was important to me, but I had to leave it to feel safe. I am thankful to the EEOC, Oregon Law Center and Legal Aid Services for protecting my right to be safe at work. And I am glad that the company will make changes so that what happened to me doesn't happen to other workers.

EEOC Regional Attorney William R. Tamayo said, "This case involved a supervisor's serious abuse of power over a female employee. Employers must take every report of harassment seriously. They shouldn't dismiss such behavior as the cost of doing business or ignore problems in hopes that they will go away. The law requires them to quickly and effectively respond to such complaints. Sexual harassment in the workplace is illegal no one should be required to work in a hostile environment.

District Director Michael Baldonado of the EEOC's San Francisco District Office added, Agriculture is a key industry for Oregon, and the EEOC has received many charges of blatant discrimination in this sector. We also have found many workers in this industry often may not be familiar with their rights and may face obstacles such as language access. We commend the bravery of Ms. Dominguez to come forward, and hope that this settlement will encourage all workers to step forward and contact the EEOC to learn more about their rights.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Comments

  1. I Ricardo E. Jones Sr, former Senior Federal Investigator of EEOC-NYDO from 4/9/01 to 4/1/10 have direct and indirect knowledge of Federal Investigators, Federal Trial attorneys and managers of the EEOC who have taken money/gifts and/or positions with law firms to fix and throw investigation for personal gain or on orders from Comissioners of the EEOC (Vice Chair Leslie Silverman,Esq). Neomi Earp-campbell while Acting Chair of the EEOC had cases fixed for friends at law firms. This information was given to me by Federal Investigator Sean Oliveria formerly of the EEOC-NYDO. Former Vice Chair Leslie Silverman Esq, fixed decisions for her present employer Proskauer Rose law firm while she was a commissioner at the EEOC. This information was given to my by Nancy Boyd then Deputy Director of the EEOC-NYDO and Nora Curtin Trial attorney/former regional attorney miami-EEOC. Ms. Silverman was a former staff member of the senate sub-committee that over-saw the EEOC. She currently is using her contacts to fix complaints and issues at the EEOC of Proskauer Rose law firm Washington DC. Assistant General Counsel for the EEOC James Lee is a sexual preditor who has sexually harassed many females at the EEOC over his tenure. This information was given to me by Lois Bramble legal clerk at the EEOC-NYDO. Luis Graziano Trial Attorney at EEOC-NYDO has taken money to fix decisions and conciliation at the EEOC. He's a close friend of Assistant General Counsel James Lee of EEOC-Hq's and is also on the take with Graziano. Nancy Boyd fixed decisions for Leslie Silverman at the EEOC. Nancy Boyd is also a close friend of and ex-subordenate of Enforcement Manager Electra Yourke of EEOC-NYDO who worked for Elleanor Holmes-Norton former head of EEOC and NY City Commission of human rights. Ms. Yourke is a racist bigot known by all in NYC and Washington DC. This information was given to me by Ricardo Cuevas Esq and admin judge at the EEOC-NYDO. Clyde Lo-chin Mediator EEOC-Tampa FL, received a bribe from Paul Salvator Esq for Proskauer Rose law firm representing Ralph Loren Polo and now working with former EEOC vice chair Leslie Silverman in Washington DC. This information was given to me by my friend Clyde Lo-cin Mediator at Tampa FL EEOC.
    This information is just the tip of the iceberg. The above information was in my sealed law suit. Please google Ricardo Jones EEOC to read more on the above.

    Ricardo Jones Sr, Former Senior Federal Investigator for the EEOC-NYDO cell 917-803-0583

    ReplyDelete
  2. Stop government corruption. SEE BLOW:

    http://www.livestream.com/lawlessamerica?utm_source=lsplayer&utm_medium=embed&utm_campaign=footerlinks

    ReplyDelete
  3. Our president doesn't care about Justice for working class people who look like himself or his wife and daughters. The president appointed his wife's friend(Jacqueline Berrien) to head the corrupt EEOC. Berrien is a black attorney from the NAACP legal defence fund of NYC but she for Bad employers who discriminate against Black people IE:corporations, companies, Bad government agencies like her own(EEOC) and others to include state and local governments. This is the best a black looking president will do for Black people. I tried to fight for all people but Berrien's fired me for not dismissing Black complaints. Many Black attorneys and investigators at the EEOC along with the others are just dismissing all Black complaints. This is what the president wants. They think we all are just playing the RACE card. The judges in federal ...court feel the same way along with most attorneys in this country.

    http://youtu.be/qk_fxEXm5b8

    http://eeoccorruption.blogspot...

    http://vimeo.com/3658572

    http://www.livestream.com/lawl...See More

    ReplyDelete
  4. None of the current Black leaders are concerned about civil rights corruption at the federal level because they're all taking some form of kickbacks. Maxine Water Representative from Compton Ca, was interviewed by Donald Winkfield of Black Star News this month (December) and she said the EEOC is not investigating Black complaints because of the lack of Budget. This is a lie to cover-up for the corruption at the EEOC. Mr. Winkfield told Maxine Waters that the EEOC is dismissing all Black complaints and he has a Senior Federal Investigator who has evidence and witnessed same. Maxine Waters didn't ask to speak to Ricardo Jones. All of the Black politicians are in on the gaming of Black people. Many of the Black elite accept the corruption against their own people and benefit from same. See Fear does different things to different people. Elite Blacks earn a well paid living from white bigots. Elite Blacks will never bite the hand that feeds them. When the elite Blacks are finally forced to confront racism and lose they cave-in totally and just accept the condition that has feed them all the time. Our real enemy are the elite Blacks. Don't take me wrong we as Black people need to unite under Pan-Africanism which means: African Americans, Blacks from Caribian and South America, All Blacks from Africa must vote as a block just like other ethnic groups ie: Jews, Irish, Italians, Asians, latins and others. We must force obama to include a PLANK in his re-election platform which addresses our concerns "JOBS and a RIGHT TO WORK IN A HOSTILE FREE WORK ENVIRONMENT and enforce all current laws reference same and update/reform same.
    If obama doesn't then we will vote against him (obama) and any politician who supports him (obama). None of this the devil I know verse the Devil I don't know BS. We don't have much time to do this or it will be four more years of YES WE CAN which lead to what???
    Comment by Ricardo Jones just now

    The Black community will not survive as little corrupt white people . This is the position of the Black elite. Once again if you replace a Bad white COP with a Bad Black COP we accomplish nothing. Because they both beat heads for the same reasons??? Steve Biecko a GREAT Black Leader of South Africians said this and was killed for it and for standing up of his peoples (Blacks) rights. For the those who don't know who Steve Beicko is Danzel Washington played Steve Beicko in the GREAT GREAT movie "CRY FREEDOM" which was made to show the conversion of a White liberal editor from South Africa Donald Woods. Look it up.

    Power of the people.

    ReplyDelete
  5. Ricardo Jones became specious at first that Ms. Yourke (Senior manager at EEOC-NYDO and a bigot) was classifying charges in the C (marked for dismissal) category filed by African-Americans by talking to co-workers under her supervision. Plaintiff became more specious; when African-Americans at various meeting in the community told him, that their charges were dismissed without investigations being conducted. They also told him, that their witnesses were not contacted and interviewed, nor were they given pre-determination interviews before the cases were dismissed. Plaintiff reviewed the IMS, which the Agency use to monitor cases. Evidence supported the facts.

    On February 21, 2007, the EEOC-NYDO-CTRU, received a charge of discrimination for Charging Party, Marie Barthelemy, a black female, filed by her attorney against Smithtown Center for Rehabilitation & Nursing Care, LLC. The charge was assigned (Charge No. 520-2007-01810). In March 2007, Plaintiff discovered an intake routing sheet for the aforementioned charge.
    On January 7, 2009, Plaintiff via memorandum to Mr. Kenneth Chu, Acting
    Deputy Director indicated that, he found the case on his desk. Plaintiff also indicated he checked the IMS, and found the charge was not assigned to him; and that it was classified as a C under the PHCP procedures. The individuals who classified the charge in C category were Ms. Yourke, Enforcement Manager and Mrs. Grossman, Regional Attorney. Plaintiff returned the charge file to Mr. Chu so that he could conduct an investigation. Instead, he gave the case to Ms. Yourke, who gave it back to Plaintiff. Plaintiff asked her what she wanted him to do with the charge. She was hoping that he would dismiss the case. Fortunately, someone had made a duplicate copy of the charge. Investigator Roxanne Zygmund, a white female, changed the classification to A1 from C category. On Tuesday, April 28, 2009, Mr. Chu sent an e-mail to all of his colleagues at the EEOC NYDO congratulating Ms. Zygmund for successfully conciliating the case that resulted in getting substantial monetary relief for charging party. This proves there was lack of coordination in case assignments.

    On September 4, 2003, Charging Party, Cecil Hollins, a black male, filed a
    charge of discrimination (Charge No. 160-2003-02333C) against the U. S. Tennis Association with the EEOC NYDO. Mr. Hollins, is an attorney, who umpired tennis matches; however, respondent denied him the opportunity to serve as an umpire at the big name tennis matches involving top ranked tennis players. Ms. Yourke made a list of thirty (30) questions to disqualify the charge. However, someone else classified the charge in the B category requiring additional information. The charge was assigned Investigator, Rodney Plummer, a black male, and Louis Graziano, Trial Attorney. The charge was classified as A2 potential cause, but the Legal Unit decided not to litigate. Mr. Hollins was given a Notice of Right to Sue and his case was dismissed.

    ReplyDelete
  6. Promoting Change in the Federal Sector Through Advocacy, Activism and Accountability
    By Tanya Ward Jordan

    From a race relations outlook, government has advanced beyond the segregated offices of the Woodrow Wilson Presidency and the overt bigotry practiced during the Jim Crow era. In 2009, America inaugurated its first African-American President, Barack Obama, to head the executive branch of government and to serve as Commander-in-Chief of the armed forces. Despite this milestone in America's racial history, the majority of highly qualified and educated African-Americans await opportunities to "fairly" compete for, obtain, and excel in federal government jobs.

    Many blacks hired by the federal government, our nation's largest employer, suffer reprisal, including termination after challenging workplace civil rights violations. The U.S. Department of Labor reported that black unemployment surged to 16.7% in August 2011, its highest level since 1984. In the same month,white unemployment was 8%, an improvement from the 8.8% level of a year earlier.

    Most blacks, who have managed to hold on to their federal positions, remain wedged in low-level non-supervisory jobs. According to the Office of Personnel Management's FY 2010 Federal Employment Opportunity Recruitment Plan, only 6.7% of blacks served at senior pay levels. By contrast, 81.7% of whites served at senior pay levels.

    A Merit Systems Protection Board (MSPB) report issued in 2009 entitled Fair and Equitable Treatment Progress Made and Challenges Remaining disclosed that the median salary of black and white employees has widened significantly over the last decades. According to MSPB, "minorities have lower pay grades even after controlling for education, experience another advancement related factors" (p.60).

    Despite the passage of the Notification and Federal Employee Antidiscrimination and Retaliation (NOFEAR) Act of 2002, a federal law that seeks to discourage federal managers and supervisors from engaging in unlawful discrimination and retaliation, discrimination persists. The statistics disclose it. The studies expose it. The Obama administration, which dodges the topic of managerial accountability and "institutional racism" within in its own ranks, knows it. According to the Equal Employment Opportunity Commission's (EEOC) FY2010 Annual Report on the Federal Workforce, black employees remain below the average government pay grade. During fiscal 2010, 17,583 federal employees and job applicants filed discrimination complaints, a 3.8% increase from the previous year. Most glaring was the fact that Black/African-American led the "race" basis for employment complaints filed.

    Civil rights groups are seeking more transparency with regard to how effectively agency officials resolve employment claims. To spur federal managerial accountability, initiatives are underway to expose public officials who fail to resolve agency complaint activity expeditiously, at the lowest level of the administrative level and in the best interest of the taxpayer. One such initiative is the creation of a Responsible Management Officials (RMO) page. The RMO page lists persons "named" in employment discrimination court proceedings, published articles, or administrative case proceedings. It is key to note that not all management officials cited on the RMO page have been proven guilty of alleged acts of discrimination or reprisal. However, complaints referenced had withstood agency attempts to quash them at the administrative level or in court, and were considered to have merit.

    The Coalition For Change, Inc. (C4C) -- C4C is a volunteer non-pro
    ..

    ReplyDelete
  7. This is my approach to fighting the EEOC. 157 Congressmen voted not to fund the EEOC. I’m writing a bill and my intent is to give it to one of them. We did it in college and lobbyist do it all the time. I will get the support of laid off teachers, policemen, and others who lost their jobs while the government funds an agency that not only hinders enforcement but is corrupt and unnecessary. I have asked churches to allow the use of their billboards because the American press, print and electronic is complicit in this abuse and refuses to inform the American people.An Act:To repeal SEC. 2000e-4. [Section 705](a) of the “Civil Rights Act of 1964” and all subchapters related to this section. TO: confer jurisdiction from the EEOC and upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations. TO: Authorize individual and classes to institute suits to protect constitutional rights in public facilities and public education. TO: Change Rules of Evidence to comply with federal and state rules of civil procedure. To: Create a commission to investigate charges made against the EEOC. TO: make restitutions to all victims whose rights were violate by the EEOC.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.Challenging people is what makes a group strong. I welcome insults because I know Ignorance is the biggest problem Black people have. Not ignorance because a person is stupid but ignorance because they have been mislead. We need to know who will cling to something and refuse to change their minds regardless of the evidence. This is the weeding out process. Believe me; those who are here for the wrong will crash and burn. And, the rest of us will be stronger.My enemy is the EEOC. I’m not motivated to end their abuse because they are corrupt and morally bankrupt. I do so because people seeking justice at the EEOC have been blindsided and their lives have been wrecked. People have lost everything including their lives. In addition to that, men, women and children have sacrificed their lives to give us an EEOC. I am very aware that some of those making the sacrifices are still coming home in body bags. If I am to have the strength to take on this moral crusade, history must be right. I take nothing away from Dr. King. But, Hyperbole should not create history. Those of us who were part of the Nationalist movement believe we were right; and the inability of the masses of Blacks to pull themselves up by their bootstraps proves us right; history proves us right. By Jimmy Pratt

    ReplyDelete
  8. BlogTalk Radio show on : Civil Rights fraud and corruption.

    Your show is set for Wednesday 02/08/2012 at 12pm Eastern Standard Time, same call in number if you have anyone that wants to call in.
    For your show I will be calling you directly from my phone and patch you directly into the dashboard.
    The link for your show is: http://www.blogtalkradio.com/chik_chat_with_annemarie_karen_and_barbie/2012/02/08/wednesday-02082012-12pm-est-civil-rights-corruption

    ReplyDelete
  9. The EEOC is a Black Seat for a set a side for the appearance of change in this countries history of Bigotry and racism. No moral courage and no one in a position of authority can and/or will stop the mis-conducts/corruption/fraud going on at this rogue agency. Overtime funds used for managers travel not the back log of complaints which will only be dismissed anyway. Managers family members hired as consultants and paid at the EEOC. Managers with private consulting firms doing follow-up training. Cases fixed for Attorneys and Management friends at the EEOC. Local attorneys in FEAR of fighting the corruption at EEOC-NYDO. Everyone in the local NYDO area knows the FIX is in at the EEOC-NYDO. The corruption is not only in NYDO but in Washington and the rest of the EEOC also. Manager/attorneys/investigators paid bonuses to dismiss complaints.

    ReplyDelete
  10. Subject: Re: EEOC corruption

    OBAMA'S EEOC (1) AND THE DESTRUCTION OF THE BLACK AMERICAN ...
    MR. RICARDO JONES, SR. is a veteran and the former Senior Federal Investigator for the new York District of the EEOC from 2001 to 2010. He describes how ...
    www.youtube.com/watch?v=qqyrvRaY4Ks - Cached
    .Play Video
    OBAMA'S EEOC (1) AND THE DESTRUCTION OF THE BLA...
    By education4peace| 1 video

    ReplyDelete
  11. We are fighting to close the EEOC. Why should taxpayers pay almost a half billion dollars a year to prop up a criminal enterprise just to hand out Right to sue letters. Please take a look at the links below that proves it. These videos name names, reveal payoffs and you see the media civil rights leaders, big businesses and politicians that includes the president helping to cover it up. I am beginning to cut up the original of the interview with former Senior EEOC Investigator Ricardo Jones who was fired for standing up against the illegal practices. As a victim I and thousands of others will come forward. You I will be adding selected cuts daily. The last link is the entire 1 and a half hour. Please help us raise awareness of this by directing these videos.
    My resource:
    http://www.youtube.com/watch?v=_p0KUF4ZcVM&feature=channel
    http://www.youtube.com/watch?v=DIk5XqQ_uvU&feature=channel.
    http://www.youtube.com/watch?v=qqyrvRaY4Ks
    ..

    ReplyDelete
  12. This is the get out of jail free card which allows the EEOC to commit crimes, frauds and take bribes. The president can correct this with an executive order if he's honest.

    When individuals file lawsuits against the EEOC for alleged fraud, neglience, and other impropriety in processing their respective discrimination charges, the court has ruled against the plaintiff asserting the following: Congress has not authorized, either expressly or impliedly, a cause of action against the EEOC for the EEOC's alleged negligence or other malfeasance in processing an employment discrimination. See Smith v. Casella, 119 F. 3d.

    ReplyDelete
  13. Its clear to me that after reviewing Michelle Robinson-obama Bio that she was a member of the Daley crew. I mean she apart of the most politically corrupt family in this country (The Daley's). Once a member of the Daley's always a member of the Daley's gang. Look at all the positions she had from harvard law school and the salaries she recieved. Involved with Americorp to funnel money. Worked at U of Chicago along with her husband. Involved with an intern when she was a member of sibley & austin's managerment. Check out her families estate holdings.

    ReplyDelete

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