University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Harris Farms, Inc. EE-CA-0104
Docket / Court F-02-6199-AWI LJO ( E.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On September 30, 2002, the San Francisco District Office and San Jose Office of the EEOC filed suit against the integrated farming business Harris Farms Inc. in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of ... read more >
On September 30, 2002, the San Francisco District Office and San Jose Office of the EEOC filed suit against the integrated farming business Harris Farms Inc. in the U.S. District Court for the Eastern District of California alleging discrimination on the basis of gender, female, in violation of Title VII of the Civil Rights Act of 1964. On September 29, 2003, the farm worker subject to harassment joined the suit as an intervenor plaintiff. Represented by private counsel, the plaintiff, asserted five claims: (1) supervisor hostile-environment from 1993 to 1999; (2) co-worker hostile-environment in 2001; (3) retaliation in response to a complaint filed in 1999; (4) retaliation in response to a complaint filed in 2001; and (5) a constructive discharge claim.

Following discovery, the case was tried before a jury in November 2004, with District Judge Anthony W. Ishii presiding, and concluded in January 2005 with a verdict in favor of the plaintiff, who was awarded $ 994,000 encapsulating lost wages, future economic loss, non-economic damages, and punitive damages.

Plaintiff EEOC moved to include equitable relief in the judgement, and on September 30, 2005, and the Judge Ishii awarded relief, which enjoined the defendant and their agents from retaliation against employees that testified in the matter, mandated additional sexual harassment prevention and deterrence training, mandated record keeping of sexual harassment complaints, equal employment opportunity for employees, and posting a notice of employment rights. Defendant was required to bear the cost of these measures.

The defendants appealed the decision to the U.S. Court of Appeals for the Ninth Circuit for: (1) failing to dismiss the plaintiff’s request to intervene; (2) denying motion for a new trial as a matter of law over admissibility of witness testimony; and (3) the sufficiency of the evidence required for the punitive damage award. The complaining party appealed the decision shortly afterwards regarding denied attorney fees. The parties argued the matter in front of Circuit Judge Procter Ralph Hug, Pamela Ann Rymer, and Johnnie Blakeney Rawlinson on March 11, 2008. On April 17, the circuit court affirmed the district court’s decisions regarding the defendants three counts and finding in favor of the plaintiff regarding assignment of attorney’s fees. 274 F. App'x 511. The question of fees was referred to the mediation unit, where it was resolved by October 29, 2008.

The matter was closed following the satisfaction of the judgement, costs, and attorneys’ fees on December 2, 2008.

Kevin Wilemon - 04/28/2008
Edward Cullen - 11/01/2018


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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
Training
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Harris Farms 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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2005 - 2010
Filing Year 2002
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:02-cv-06199-AWI-LJO (E.D. Cal.)
EE-CA-0104-9000.pdf | Detail
Date: 08/20/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order on Plaintiff's Motion to Compel Defendnat's F.R.Civ.P. 30(b)(6) Deposition (E.D. Cal.)
EE-CA-0104-0001.pdf | Detail
Date: 07/12/2004
Order on Defendant's Motion for Summary Judgment (E.D. Cal.)
EE-CA-0104-0002.pdf | Detail
Date: 10/19/2004
Jury Orders Harris Farms to Pay $994,000 in Sexual Harassment Suit by EEOC
EE-CA-0104-0006.pdf | Detail
Date: 01/21/2005
Special Verdict (1)
EE-CA-0104-0003.pdf | Detail
Date: 01/24/2005
Special Verdict Phase II
EE-CA-0104-0004.pdf | Detail
Date: 01/24/2005
Judgment in a Civil Case (E.D. Cal.)
EE-CA-0104-0005.pdf | Detail
Date: 01/25/2005
Order on Plaintiff's Motion to Amend Judgment to Include Equitable Relief and Findings of Fact and Conclusions of Law (E.D. Cal.)
EE-CA-0104-0009.pdf | Detail
Date: 09/30/2005
Source: District Court
Memorandum [Ct. of App. ECF# 52] (274 Fed.Appx. 511)
EE-CA-0104-0011.pdf | WESTLAW| LEXIS | Detail
Date: 04/17/2008
Source: PACER [Public Access to Court Electronic Records]
Satisfaction of Judgment [ECF# 398]
EE-CA-0104-0010.pdf | Detail
Date: 12/02/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Ishii, Anthony W. (E.D. Cal.)
EE-CA-0104-9000
O'Neill, Lawrence Joseph (E.D. Cal.) [Magistrate]
EE-CA-0104-0001
Plaintiff's Lawyers Hernandez, Evangelina Patricia (California)
EE-CA-0104-9000
Offen-Brown, David F. (California)
EE-CA-0104-9000
Ordonio-Dixon, Linda Susan (California)
EE-CA-0104-9000
Pearl, Richard M (California)
EE-CA-0104-9000
Rosas, Lucila G. (Arizona)
EE-CA-0104-9000
Smith, William J. (California)
EE-CA-0104-0010 | EE-CA-0104-9000
Tamayo, William Robert (California)
EE-CA-0104-9000
Defendant's Lawyers Alaniz, Richard D. (Texas)
EE-CA-0104-9000
Barron, David L. (Texas)
EE-CA-0104-9000
Baxter, Todd W. (California)
EE-CA-0104-9000
Carruth, Lowell T. (California)
EE-CA-0104-9000
Farris, Cary A. (Texas)
EE-CA-0104-9000
Reddie, Scott M. (California)
EE-CA-0104-9000

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