A stubborn refusal to hire women nearly 40 years after the federal Civil Rights Act of 1964 outlawed such policies has cost a Central Valley agribusiness $1,680,000, according to the U.S. Equal Employment Opportunity Commission.
The commission sued Kovacevich "5" Farms, more commonly referred to as K-5, a partnership that grows and ships table grapes in Tulare County.
An investigation of charges lodged with the EEOC in December 2002 by six female job applicants turned away by K-5, revealed "the grower hired zero women between 1998 and 2002 despite filling approximately 300 seasonal farm work positions every year," according to a Wednesday news release from the agency.
The scenario depicted in the case is symptomatic of barriers encountered by farmworkers, according to Michael Baldonado, acting district director of the EEOC in San Francisco.
"Agriculture is California's second-largest industry after high-tech, and we have received many charges of blatant discrimination in this sector," Baldonado said. "We also have found that immigrant workers often may not be familiar with their rights and face obstacles such as language access. We hope this settlement will encourage all workers to step forward and contact the EEOC to learn more about their rights."
After attempting to reach an out-of-court settlement, the EEOC sued in February 2006 in U.S. District Court in Fresno, alleging gender-based discrimination on behalf of a class of female farmworkers denied employment at K-5.
In a consent decree approved last week by U.S. District Judge Oliver W. Wanger, the partnership consisting of five siblings agreed to pay $1.68 million in damages for distribution among women turned away from applying for work, or who did not apply because they knew K-5 only hired men.
The partnership also agreed to post notice of the suit on its properties, set goals and timetables for hiring women over the next five years, train its supervisors and other workers on equal employment laws, and distribute its new anti-discrimination policy in both English and Spanish to all employees.
Women who wish to be considered for membership in the lawsuit's class should contact EEOC staffer Maricela Medina at (408) 291-7354.
In a prepared statement, K-5 said Wednesday that since 2003, when the EEOC commenced its investigation, the partnership has "initiated hiring procedures which have promoted the hiring of women and has been employing women at levels that meet or exceed the industry."
"By reaching this agreement to avoid further litigation costs, and without admitting any liability, Kovacevich '5' Farms intends to continue moving forward in providing employment opportunities for our local communities in these very tough economic times," said partner Kenny Kovacevich Jr.
Call The Bee's Denny Walsh, (916) 321-1189.
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