The Seattle office of the EEOC entered this suit as an intervenor plaintiff against American Seafoods Company in the U.S. District Court for the Western District of Washington in September 1998. With private counsel, the plaintiffs had filed a lawsuit in state court which was then removed to the ...
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The Seattle office of the EEOC entered this suit as an intervenor plaintiff against American Seafoods Company in the U.S. District Court for the Western District of Washington in September 1998. With private counsel, the plaintiffs had filed a lawsuit in state court which was then removed to the District Court for the Western District of Washington. We do not have a copy of the intervenor complaint, but it alleged discrimination in violation of Title VII of the Civil Rights Act of 1964. More specifically, the complaint alleged American Seafoods Company violated Title VII by subjecting Vietnamese employees to unlawful harassment and inequitable conditions of employment, by preventing them from being promoted, subjecting them to demotion, reducing their wages and constructively discharging them. After several discovery motions filed by the private plaintiffs were granted and several partial motions for summary judgment were granted, the parties settled the case in September 1999 through the entry of a consent decree.
The consent decree included non-discrimination and non-retaliation clauses, required the defendant to develop an anti-discrimination policy and post and distribute the policy. The defendant was also required to train all management and supervisory employees with regard to job training and promotion programs for processors and policies and procedures regarding discrimination and harassment. Additional training was required of vessel personnel and was required to include a videotaped presentation by a high ranking official within American Seafoods emphasizing the company's commitment to conduct hiring, job assignment, training and promotion practices in a non-discriminatory manner. The decree also called for the establishment of a job training and promotion program for processors to increase the employment opportunities for processors. The defendant was also required to utilize a Consent Decree Administrator to investigate employee complaints of discrimination. In addition, the decree required American Seafoods to report to the EEOC on internal and external complaints of discrimination and give the EEOC access to personnel officials, managers, and other employees. The injunctive parts of the decree had a two year term. If the EEOC found non-compliance, the decree required the EEOC to give notice to American Seafoods and allow for mediation prior to the application to the Court for enforcement. American Seafoods also agreed to pay $1,250,000 to the eighteen employees to be distributed by plaintiffs' private counsel and American Seafoods.Justin Kanter - 06/06/2008