Bornt & Sons, Inc. and its former farm labor contractor Barraza Farm Service, LLC / Barraza Farm Service, Inc. will pay $300,000 and furnish other relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Commission (EEOC), the federal agency announced.

According to the EEOC, a farm manager sexually harassed a class of four female workers by leering at them; grabbing their private areas; making sexual comments; and subjecting them to unwanted touching and kissing. The EEOC contends that the manager retaliated against at least three women who refused his sexual advances, either by firing or refusing to rehire them -- a tactic also employed against workers who reported or complained about the harassment. Bornt & Sons and Barraza also fired at least three male farmworkers for their familial association with the sexual harassment victims, according to the EEOC. The EEOC further charged that the companies failed to take corrective action when they became aware of the federal investigation into sexual harassment, instead moving the harasser to a different farm.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit against the agribusiness in U.S. District Court for the Southern District of California in April 2017 (EEOC v. Bornt & Sons, Inc. dba Bornt Family Farms; Barraza Farm Service, LLC dba Barraza Farm Service and/or Barraza Farm Services; and Barraza Farm Service, Inc. dba Barraza Farm Service and/or Barraza Farm Services, Case No: 3:17-cv-00678-W-NLS). The court approved the consent decree that resolves this case, which remains under the court's jurisdiction for the term of the decree.

As part of the three-year consent decree, Bornt & Sons and Barraza Farm Services will pay $300,000 to the sexual harassment and retaliation victims. The companies further agreed to immediate reinstatement for those workers previously denied reemployment, along with the assignment of an EEO compliance coordinator who will assist in regular EEO compliance audits. The companies also agreed to the creation of a new employee policy manual addressing harassment and its reporting procedures, sexual harassment and EEO training of all staff members, and the creation of a centralized record keeping log to track all harassment complaints. The EEOC will monitor compliance with this agreement.