Midwest Farms, LLC and Midwest Capital Services, LLC to Pay $334,500 in EEOC Sexual Harassment Lawsuit

DENVER – Midwest Farms, LLC, and Midwest Capital Services, LLC, an agribusiness and related company operating several farms in rural Colorado, will pay $334,500 and provide other equitable relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, a group of female farmworkers were repeatedly sexually harassed by a male employee who made regular sexual comments, propositioned female employees for sex and frequently attempted to hug, touch and grab the female employees without their permission. A male farm manager also entered the women’s dressing room on at least three separate occasions without knocking while female employees were either undressed or undressing.

Despite the employees’ multiple and persistent reports of harassment, the EEOC said, the company took no action for several years to curb the harassment, and it retaliated against at least one female employee by docking hours from her timecard after she reported the sexual harassment. This same employee eventually resigned due to the untenable working conditions.

“This case illustrates how women have privacy and safety interests that warrant single-sex facilities at work, such as dressing rooms,” said EEOC Chair Andrea Lucas. “The EEOC fought for decades to ensure women had the right to their own restrooms, locker rooms, sleeping quarters, and other sex-specific workplace facilities, and the agency remains committed to protecting women and their sex-based rights in every workplace.”

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment. The EEOC filed suit (EEOC v. Midwest Farms, LLC and Midwest Capital Services, LLC, Case No. 23-cv-02531-PAB-MDB) in U.S. District Court for the District of Colorado after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“Employers must protect their employees against sexual harassment occurring in the workplace,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office. “It is essential for employers to respond promptly and adequately to their employees’ complaints of sexual harassment by investigating, addressing and stopping sexual harassment. We are pleased Midwest Farms and Midwest Capital decided to work cooperatively with the EEOC to resolve the case, and we will keep enforcing federal laws against sexual harassment.”

In addition to the monetary relief, the three-year consent decree entered Feb. 6 settling the suit requires Midwest Farms to provide letters of regret to the female employees and Midwest Farms’ managing agent to review and revise its harassment policies; train all employees and managers on sexual harassment and Title VII; and provide reports of training, complaints and policy modifications.

EEOC’s Phoenix District Director Melinda Caraballo said, “Employees still frequently face sexual harassment in the workplace, especially agricultural workers, who may be vulnerable to harassment and abuse and work in isolated locations. Unfortunately, employers commonly retaliate against employees who complain about sexual harassment, which is a separate, additional violation of Title VII. Addressing retaliation is critical, as more than half of the charges the EEOC receives allege retaliation.”

For more information on sexual harassment, please visit https://www.eeoc.gov/sexual-harassment. For more information on retaliation, please visit https://www.eeoc.gov/retaliation.

The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.