Kovacevich 5 Farms Agrees to $1.6 Million Settlement in Gender Discrimination Hiring Case

Written by Michael C. Saqui and John F. McCarthy Friday, 05 December 2008 12:10

Harassment & Discrimination

   Kovacevich 5 Farms in Delano, California agreed to pay $1.6 million to settle a 2006 federal lawsuit for refusing to hire women. During an investigation, the EEOC found that from 1998 to 2002, Kovacevich hired about 300 seasonal workers each year to harvest grapes. The EEOC also found out none of the seasonal workers were women. Kovacevich stood out like a sore thumb as neighboring vineyards and farms employed 30%-35% women

  

   In the agreement, Kovacevich denied any wrongdoing, but agreed to pay the settlement to women denied jobs. Kovacevich also vowed to hire more women in the next 5 years and to train all supervisors and employees regarding equal employment laws.

 

COUNSEL TO MANAGEMENT:

 

   Management in agriculture may come under increased scrutiny. As Michael Baldonado of the EEOC pointed stated, "Agriculture is California's second-largest industry, after high tech, and we have received many charges of blatant discrimination in this sector… We hope this settlement will encourage all workers to step forward and contact the EEOC to learn more about their rights."

 

   Both California and federal laws prohibit discriminating against an employee because of gender. In California, gender includes pregnancy, an employee’s self-identified gender, or the employee’s sexual orientation. To help avoid gender discrimination claims when hiring, Management should:

 

• Establish and apply consistent hiring criteria: Make sure to treat all applicants equally;

 

• Advertise in appropriate places: Place advertisements in general interest publications or a wide range of special interest publications;

 

• Use appropriate language in any advertisements: Avoid phrases like “young and energetic salesman” or “repairman” or “waitress”;

 

• Ask appropriate questions: Avoid asking about marital status, provisions for child care, pregnancy or use of birth control, with whom applicant resides, applicant’s maiden name or name of spouse or children;

 

• Conduct consistent interviews: Create a list of acceptable questions and stick to them.

 

• Keep objective records: If you take notes on the applicant, make sure they are brief, clear, legible and job-related. Avoid phrases like “not impressed”, “wasn’t right for the job” or “handsome-pinstripe suit.” Avoid any coded system that could be misinterpreted in the future. It will be tough for you to explain that the number 5 you have written down was based on a 1-5 scale instead of the 1-10 scale or that the random numbers are related to their application and not their physical appearance.

 

Above all, Management should treat all employees and applicants equally.

 

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas.