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PRESS RELEASE
11-29-11

Cyma & Taean Orchids To Pay $240,000 For Harassment, Discrimination Against Latina Farm Workers

Latinas Were Groped and Humiliated, Federal Agency Charges

LOS ANGELES – One of the largest  orchid farms in the U.S., Cyma Orchids, Inc., will pay $200,000 to settle a  lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) alleging  pervasive harassment, discrimination and retaliation due to sex and national  origin bias, the federal agency announced today. The farm’s former owner, Taean  Orchids, will pay an additional $40,000.

A class of female Latina greenhouse workers of the Oxnard,  Calif.-based company were sexually harassed continually by supervisors,  managers, and the company’s owners, according to the EEOC. Women were groped  and subjected to unwanted touching of their breasts and buttocks, repeated propositions,  sexual jokes and comments about their bodies. Both Korean and Hispanic male  supervisory staff alike engaged in the widespread sexual harassment which was  also laced with discrimination based on their country of origin. Harassers  allegedly joked about how often Mexican women have sex, and made comments that  Mexican women were “lazy” and “do not know their place.” The EEOC also alleged  that workers who complained about the harassment and discrimination were  retaliated against, including a Hispanic male lead greenhouse worker who was  fired after defending one of the victims.

One of the victims stated, “You  have the right to defend yourself when you suffer abuse. I found the  courage to report the abuse that had happened to me and I also wanted to  prevent the same abuse from continuing against my fellow female co-workers.”

The EEOC filed its lawsuit in  September 2010 on behalf of the class in the U.S. District Court, Central District of California (EEOC  v. Cyma Orchids, Inc., Case No. CV 10-7122 DMG (RZx)), alleging that the conduct violated Title  VII of the Civil Rights Act. California  Rural Legal Assistance (CRLA) then intervened into the EEOC’s lawsuit on behalf  of one of the women. CRLA is a non-profit  legal services program that seeks to improve the quality of life for low-income  individuals and farm workers.

As part of settlement, the parties  entered into a two-and-a-half-year consent decree requiring Cyma to assign an equal  employment opportunity (EEO) coordinator to ensure all staff are trained  regarding their EEO rights and responsibilities and the company’s policy and  procedures against discrimination, harassment and retaliation. Aside from the monetary relief for the  victims, Cyma is also required to track future complaints by creating a  centralized tracking system and to hold employees accountable for failing to  adequately address those complaints.

“We commend Cyma for implementing  measures to prevent future instances of discrimination,” said Anna Y. Park,  regional attorney for the EEOC’s Los Angeles District Office. “We continue to see persistent problems in  agriculture with harassment. Employers  are responsible for Title VII compliance for migrant or farm workers.”

Andres Garcia, a CRLA attorney, added,  “For our client, this case was about dignity and being free to work in an  environment that's free from harassment. We are extremely pleased with this  settlement and the preventative measures that will be implemented by the  company to protect current employees from harassment.”

Olophius Perry, district director  for the EEOC’s Los Angeles District Office, said, “Our nation’s workers have  the right to work without being touched or demeaned due to their country of  origin. Retaliation against those that  report discrimination is illegal, and the EEOC is here to help those who endure  such violations of the law.”

The EEOC enforces federal laws  prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.