Los Angeles Sexual Assault Lawyer Blog

Sexual harassment is often just as much about power as it is about sex.

Los Angeles sexual assault attorneys understand that the retaliation that often results from speaking out about the original actions is often a further display of that power. But it's not right, and you do have legal recourse - no matter how powerless the entire ordeal has made you feel.

A 17-year-old immigrant female farm worker and others working at a California vineyard experienced this scenario first hand - and can now claim victory, following a $350,000 settlement that includes the company's agreement to revamp its sexual harassment training and policies - not only for supervisors, but for thousands of migrant workers as well.

According to the federal lawsuit, EEOC v. Giumarra Vineyards Corp., brought forth by the U.S. Equal Employment Opportunity Commission to the U.S. District Court for the Eastern District of California, there was a hostile work environment toward female employees at the farm, which is known for growing grapes, as well as an array of produce from zucchini to apples.

The complaint indicated that the teenage worker had been sexually harassed by a co-worker, who repeatedly made sexual advances toward her, made graphic requests for her to have sex with him and made offensive and inappropriate comments about his anatomy to her. The teenager told him his comments were unwelcome, asked him to stop and tried her best to avoid him. It did not stop.

The teenager and three other workers subsequently went to management to complain about the actions of the co-worker. Rather than taking action against the offender, the employer subsequently fired the female workers who had complained.

The EEOC sued for sex discrimination and retaliation.

The case had been scheduled for a trial, but the farming company agreed to settle instead.

Part of that settlement payment will go toward advancement of training on sexual harassment and sexual harassment retaliation for existing workers, new employees and administrative staff. Additionally, human resources staff at the company will undergo annual training on how to appropriately handle such complaints, the EEOC stated.

Altogether, it will mean training for some 3,000 employees by a third-party trainer. Other measures include new policies at the company addressing anti-discrimination, as well as complaint procedures that will be available and clearly outlined in several languages. Additionally, a full-time human resources professional will be hired to handle complaints of discrimination at the farm.

Although we do typically think of sexual harassment as occurring within an office setting, migrant workers are among the most vulnerable for this type of abuse - simply because their harassers exploit the fact that these are women who have little education and few options.

But they are not powerless. Let us be your voice.