University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Prima Frutta Packing, Inc., J. Jesus Gonzalez Labor Contract EE-CA-0174
Docket / Court 3:03-cv-04237-PJH ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In September 2003, the San Francisco District Office of the EEOC filed this lawsuit against Prima Frutta Packing Inc., J. Jesus Gonzalez Labor Contractor, and Ag West Labor Contractor, alleging discrimination on the basis of gender, female, and national origin, Hispanic, in violation of Title VII ... read more >
In September 2003, the San Francisco District Office of the EEOC filed this lawsuit against Prima Frutta Packing Inc., J. Jesus Gonzalez Labor Contractor, and Ag West Labor Contractor, alleging discrimination on the basis of gender, female, and national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged a manager of a fruit packing house verbally abused Mexican and Salvadoran seasonal fruit pickers and retaliated against at least one complaining party for opposing these actions. Prior to any defendant appearing in court, defendant Ag West Labor Contractor was dismissed in January 2004, and defendants J. Jesus Gonzalez Labor Contractor and Prima Frutta Packing, Inc. settled the lawsuit with the EEOC by signing consent decrees in March and April of 2004 respectively.

The two and five year decrees, containing agreements not to discriminate or retaliate, required the defendants to: report on complaints, keep records, develop anti-discrimination policies, and translate and distribute notice of employee rights. Prima Frutta Packing, Inc. was also required to pay $235,000 to be distributed among 13 complaining parties.

David Friedman - 01/31/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Hiring
Discrimination-basis
National origin discrimination
Sex discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Indian
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Ag West Labor Contractor
J. Jesus Gonzalez Labor Contractor
Prima Frutta Packing Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
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 2004 - 2009
Case Closing Year 2004
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)
3:03-cv-04237-PJH (N.D. Cal.) 04/20/2004
EE-CA-0174-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/17/2003
EE-CA-0174-0001 PDF | Detail
Consent Decree and Order [EEOC and J.Jesus Gonzalez Labor and Contractor] 03/11/2004
EE-CA-0174-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree and Order [EEOC and Prima Frutta Packing, Inc.] 04/19/2004
EE-CA-0174-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report - April 2004 04/19/2004
EE-CA-0174-0004 PDF | Detail
Document Source: EEOC.gov
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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