University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Faribault Foods Inc. EE-MN-0088
Docket / Court 0:07-cv-03976 ( D. Minn. )
State/Territory Minnesota
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 14, 2007, the EEOC filed a complaint in the United States District Court for the District of Minnesota under Title VII of the Civil Rights Act of 1964. The EEOC was representing a class of individuals claiming discrimination based upon national origin in hiring, promotion, job ... read more >
On September 14, 2007, the EEOC filed a complaint in the United States District Court for the District of Minnesota under Title VII of the Civil Rights Act of 1964. The EEOC was representing a class of individuals claiming discrimination based upon national origin in hiring, promotion, job assignment, demotion, and discharge against Defendant Faribault Foods.

Specifically, the complaint alleges that Defendant engaged in disparate treatment against its Hispanic workforce. For example, Defendant allegedly enforced English-proficiency requirements for entry-level positions that do not require English proficiency. The EEOC sought injunctive and monetary relief.

On October 17, 2007, the District Court (Judge Richard House Kyle) approved a settlement between the parties under a consent decree. The decree also consolidated this case with a separate class action suit filed by the same aggrieved individuals (Mendez v. Faribault Foods, Inc.). Under the decree, Defendant was generally enjoined from any future violations of Title VII or the Uniform Guidelines on Employee Selection Procedures. Defendant was also required to conduct three hours of diversity training annually for its managers.

Further, Defendant was to conduct all employee orientation and workplace policy training in Spanish, translate its safety procedures and job openings in Spanish, and provide a Spanish interpreter for all reviews and disciplinary actions. The decree also required Defendant to establish a diversity committee to promote and provide feedback of Defendant's diversity efforts. Defendant was further required to reimburse tuition for any successfully completed English-language courses by its employees. Finally, Defendant was to pay $465,000 to the class claimants. The consent decree was to remain in effect for a period of two years.

Adam Teitelbaum - 03/27/2010


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Utilize objective hiring/promotion criteria
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Promotion
Testing
Discrimination-basis
National origin discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Pattern or Practice
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Faribault Foods Inc.
Plaintiff Description All current and former Hispanic employees who have worked at Faribault, and all Hispanic applicants who applied at Faribault at any time on or after 9/14/2001 through 10/9/2007.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2009
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
0:07−cv−03976 (D. Minn.) 06/01/2009
EE-MN-0088-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/14/2007
EE-MN-0088-0001 PDF | Detail
Consent Decree 10/15/2007
EE-MN-0088-0002 PDF | Detail
Judges Kyle, Richard House (D. Minn.)
EE-MN-0088-0002 | EE-MN-0088-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hendrickson, John C. (Illinois)
EE-MN-0088-0001 | EE-MN-0088-9000
Kamp, Jean P. (Illinois)
EE-MN-0088-0001 | EE-MN-0088-9000
Vasichek, Laurie A. (Minnesota)
EE-MN-0088-0001 | EE-MN-0088-0002 | EE-MN-0088-9000
Defendant's Lawyers Goldstein, David J. (Minnesota)
EE-MN-0088-9000
Lovejoy, Daniel N. (Minnesota)
EE-MN-0088-9000
Robbins, Holly M. (Minnesota)
EE-MN-0088-0002 | EE-MN-0088-9000
Other Lawyers None on record

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