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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