• Case 3:02-cv-03077-MWB

Document 1

• Filed 09/26/2002

Page 1 of 5

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF IOWA CENTRAL DIVISION

7GDI' SEP 2& t.il II: 14

XI, r '

"!, >li'FICE

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

Plaintiff,

)

,',.-t- ----. '

) )

W6 Civil Action No. C'02,.-;077AI

v.

)

)

AUSTIN J, DECOSTER dlb/a DECOSTER

)

COMPLAINT

FARMS OF IOWA, and IOWAAG, LLC.,

)

(Jury Trial Demand)

)

Defendants.

)

-----------------)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to

provide appropriate relief to past and present female employees of the defendants, Austin 1.

DeCoster dlbla DeCoster Farms ofIowa ("DeCoster") andlor Iowa Ag, 1.1.C. ("Iowa Ag"), who are

and were adversely affected by such practices,

As stated with greater particularity in Paragraph 10 below, the U.S. Equal Employment

Opportunity Commission ("EEOC") alleges that DeCoster and Iowa Ag created and maintained a

working environment at their egg processing facilities in Wright County, Iowa, that allowed a pattern

and practice of sexual assaults offemale employees by supervisors and others and of other forms of

sexual harassment, all in violation of Title VIr.

.ITJRISDICTION AND VENUE

l. Jurisdiction ofthis Court is invoked pursuantto 28U.S.C. §§451, 1331, 1337,1343,

and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) and 707

\

• Case 3:02-cv-03077-MWB

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ofTitie VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(l) and (3) and

2000e-6 ('Title VB") and Section 102 of the Civil Rights Act of 1991, 42 U.SC § 1981a.

2. The discrimination complained of has occurred, and is occurring, within the

jurisdiction of the United States District Court for the Northern District ofIowa.

3. Venue lies with this Court under 28 U.S.C. § 1391 and 42 U.S.C. § 2000e-5(f)(3).

PARTIES

4. The plaintiff, EEOC, is the United States of America agency charged with the

administering, interpreting, and enforcing Title VTT, and is expressly authorized to bring this action

by Sections 706(f)(1) and (3) and 707 ofTitle VTT, 42 U.S.C §§ 2000e-5(f)(I) and (3) and 2000e-6.

5. At all relevant times, the defendant, DeCoster, has continuously been a proprietorship

doing business in the State ofIowa, and has continuously had at least 15 employees.

6. At all relevant times, defendant DeCoster has continuously been an employer engaged

in an industry affecting commerce within the meaning of Sections 70 I(b), (g), and (h) of Title VTT,

42 U.SC §§ 2000e(b), (g), and (h).

7. At all relevant times, the defendant, Iowa Ag, has continuously been a corporation

doing business in (he State oflowa, and has continuously had at least 15 employees.

8. At all relevant times, defendant Iowa Ag has continuously been an employer engaged

in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VTT,

42 U.S.C §§ 2000e(b), (g), and (h).

STATEMENT OF CLAIMS
9. More than 30 days prior to the commencement of this lawsuit, the Iowa Coalition

Against Sexual Assault ("ICASA") filed a charge with the EEOC on behalf of all female employees

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who haw been ,rod arc pres~'!ltly employed at DeCoster's and Iowa Ag's Wright County, Iowa, egg processing facilities, alleging violations of Title VII by DeCoster and Iowa Ag. All conditions precedent to the institution ofthis lawsuit have been fulfilled,
10, Since at least 1995, defendants DeCoster and Iowa Ag have engaged in unlawful employment practices as joint employers at their Wright County egg processing tacilities, in violation of Section 703(a) and (b) of Title VII, 42 US.c. § 2000e-2(a) and (b), including (but not limited to) the following: (al since at least 1995, a number of diff~'fcnl supervisors at tllOse facilities regularly sexually assaulted and sexually harassed female employees (hereinafter called the "Class Members"); and (b) ti,e sexual harassment of the Class Members included a pattern and practice of discrinlinatory iutimidation, ridicule, and insult based on the Class Members' sex,

II. The effect of the practice(s) complained of in Paragraph 10 above has been to deprive the

Class Members of equal employment opportunities and otherwise adversely atfect their status as employees

because of their sex,

12, The unlawful employm~'!lt practices complained ofin Paragraphs 10-11 above were, and are,

intentional.

13. The unlawful employment practices complained of in Paragraphs 10-11 above were done,

and are being done, with malice or with reckless indifference to tl,e Class Members' federally-protected

rights.

PRAYER FOR lillLIEF

Wherefore, the plaintitf EEOC respectfully requests that this Court:

A.

Grant a permanent injunction enjoining DeCoster ,md Iowa Ag, and tl,eir officers, agents,

successors, assigns, and all persons in active concert or participation with th~m, from engaging in any

emploYI11~'!lt practice which discriminates on the basis of sex, including (but not linlitcd to):

(I) Sexually assaulting or otherwise sexually harassing female employees;

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(2) Maintaining a work environmmr which is hostile to women because of their sex;

(3) Threatening employees with disciplinary action, including (but not limited to) tennination,

for refusal to submit to sexual assault or other sexual harassment as a condition of

employment, or for complaining to any person for having been the victim of sexual assault

or other sexual harassment at DeCoster and/or Iowa Ag fucilities; and

(4) Threatening to retaliate or taking any retaliatory measures of any kind whatsoever In

violation of Section 704(a) of Title VI1, 42 U.s.c. § 2003(a), against any employee or

former employee, or any other person or individual, for opposition to any of the unlawful

practices described above.

B. Order DeCoster and Iowa Ag to institute and carry out policies, practices, and programs

which provide equal employment opportunities for the Class Members, and whieh eradicate the effects of

its past and present unlawful employment practices.

C. Order DeCoster and Iowa Ag to make the Class Members whole by compensating them for

past ,md future nonpecuniary losses resulting from the unlawful practices complained of in Paragraphs 10-11

above, including emotional pain, suffering, loss of ~.,lj-ovmcnt of life, and hmniliation, and .job search
e"penses and medical expenses not covered by their employer-sponsored employee bmefit plans, in anlOunts

to be detennincd at trial

D.

Ord~T DeCoster and Iowa Ag to pay the Class Members puuitive damages for the

defendants' malicious and reckless conduct described in Paragraphs 10-11 above, in amounts to be

determined at trial.

E.

Grant such further relief as the Court deems necessary and proper in the public interest.

4

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F

Award the EEOC its costs in this action.

Respectfully submitted,

Dated: _\'"-I(P,,-,t'c./.r.L~."--,,-f'-Lt'"_--=Z-"CJ----', 2002
)

J n P. Kamp
egional Attorney
Rosemary Fox Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2992 (414) 297-4131

Dated: ;~ I 2->, 2002

Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Milwaukee District Office 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2992 (414) 297-4188

5

 </s> • Case 3:02-cv-03077-MWB

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.• L..

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION

Jon? OCT - 3 fill 8: l.8

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION.

)

)

Plaintiff,

)

)

vs.

)

)

AUSTIN J. DECOSTER d/b/a DECOSTER )

FARMS OF IOWA, AND IOWA AG L.L.C., )

)

Defendants.

)

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By ~_ ..--".---, ..-~-- . ' No. C02-3077MWB

JUDGMENT IN A CIVIL CASE

This maller came belore the Court and IT IS ORDERED AND ADJUDGED Judgment is entered in accordance with the attached Consent Decree.

Dated: IO-O~-02.....
APPROVED AS TO FORM:
_~M...o.=w""",--f>_ _
MARK W. BENNETT Chief Judge

JAMES D. HODGES, JR.
Clerk~
~
(By) Deputy Clerk

, ,

• Case 3:02-cv-03077-MWB

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TQWA CENTRAL DIVISION

7n~2 OCT -2 Prj ~: 0 I

)1. 01'/. U,·iICE

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSlON,

Plaintiff,

) )

.... ! f"

)

)

Civil Action No. C02-3077 MWB

v.

)

)

AUSTIN J. DECOSTER d/b/a DECOSTER FARMS OF IOWA, and IOWA AG, L.L.C.,

) CONSENT DECREE
) )

Defendants.

)

----~--------------------------)

T ABLE OF CONTENTS

I.

Introduction........ ...............................................................................................

3

II. Jurisdiction............................................................................. ............................

4

HI. Duration 0 f Consent Decree... .... .................... ... .......... .................. ...... .... ... ........

4

IV. General Provisions..... ...... .......... ............ ..... ...... ... ....... ...... ........... ....... ........ .......

4

V. Programs And Equitable Relief... ...............................................·.......................

4

A. Posting of Notice ofSettlement. ............................················ .................

4

B. Anti-Harassment Policy................................... ··············.......................... 5

I.

Promulgation and Enforcement ofPolicy........................············

5

2.

Posting of Policy ........................................................................ . 5

3.

Distribution to Current Employees..............................................

5

4.

Distribution Upon Hiring............................................................ . 5

5.

Annual Distribution.................................................................... .

5

C. Anti-Retaliation Policy........................................................................... . 6

I
I (J
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1.

Promulgation and Enforcement of Policy ................................. ·

6

2.

Posting of Policy ........................................................................

6

3. Distribution of Policy ............................................................... .

6

D.

Equal Employment Opportunity Training ......................-.......................

6

I.

Annual Training ........................................................................ .

6

2.

Mandatory Training ....................................................................

6

3.

First Training Session....................................... ·· ........................

6

E.

Recordkeeping..................................................................... -..................

7

F. Reporting to EEOC .............................................................................. .

7

\.

Recordkeeping Liaison; Reports of Complaints.........................

7

2.

Records Available Upon Request... ............................................

7

3.

Copies of Anti~Harassment and Anti~Retaliation Policies.........

7

4. Report on Compliance With Training Requirements.................

7

VI. Monetary Relief..................................................................................................

8

VIT. Court ApprovaL .......................-........................... ................... ............................. 8

VIII. Successorship And Assignment of Duties Under Decree......................·.............. 9

IX. Construction and Interpretation.... ..... .................. ...................................... ........... 9

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I. INTRODUCTION

On August IS, 2001, the Iowa Coalition Against Domestic Violence ("ICADV") filed a charge ofdiscrimination (the "Charge") with the U.S. Equal Employment Opportunity Commission ("EEOC") alleging, ~mong other ::lings, that Austin J. DeCoster d/b/a DeCoster Farms of Iowa ("DeCoster") and Iowa Ag, L.L.c. ("Iowa Ag") were violating Title VII ofthe Civil Rights Act of 1964,42 U.S.c. § 2000e et seq. ("Title VII"), by maintaining an environment hostile to Mexican female employees at DeCoster's egg processing facilities in Iowa through sexual assaults (including, but not limited to, rapes by supervisors) and sexual harassment, discriminatory treatment ofMexican workers on the basis of national origin, and retaliation, both actual and threatened, against the victims of this discriminatory treatment.

On August 22, 200 I, the EEOC filed a petition for preliminary injunction against DeCoster and Iowa Ag in EEOC v. Iowa Ag. L.L.c., and Austin 1. DeCoster d/b/a DeCoster Farms, Inc., Civil Action No. COI-3070 (N.D. Iowa, C.D.), pursuant to Section 706(f)(2) ofTitJe VII, 42 U.S.C. § 2000e-5(f)(2). The parties then entered into a "Consent Order" which was approved by this Court on August 27,2001. Pursuant to the Consent Order, DeCoster and Iowa Ag agreed to:

•

Distribute copies of the "Harassment Policy Statement" attached to the Consent

Order in English and Spanish to all persons employed by DeCoster and Iowa Ag in

the State onowa with the paychecks distributed to employees on August 24,2001;

•

Distribute copies of the "Notice of EEOC Investigation" attached to the Consent

Order in English and Spanish to all persons employed by DeCoster and Iowa Ag in

the State of Iowa with the paychecks distributed to employees on August 24, 200 I;

•

Provide a copy ofthe "Harassment Policy Statement" attached to the Consent Order

in English and/or Spanish to all persons hired by DeCoster and Iowa Ag to work in

the State ofIowa after the date ofthe Consent Order; and

•

Enforce the Harassment Policy, abide by the "Notice of EEOC Investigation," and

abide by an agreement with the EEOC which was attached to the Consent Order.

On January 23, 2002, the EEOC issued a "Determination" that since at leastJanuary 1, 1999, certain supervisors employed by DeCoster and Iowa Ag at DeCoster's egg processing operations in Wright County, Iowa, regularly sexually assaulted and sexually harassed female employees, especially those of Mexican and other Hispanic national origin, despite, in some cases, complaints about this conduct having been made to DeCoster and/or Iowa Ag management. The EEOC's Determination also stated that, coupled with this conduct, certain DeCoster and Iowa Ag supervisors regularly threatened female employees with bodily harm and other forms of retaliation if they complained of such conduct.

DeCoster and Iowa Ag deny the allegations in the Charge, and disagree with the findings made in the EEOC'. n"terminati0~.

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The EEOC l1led the present action on September 26,2002, and the parties have agreed to this Consent Decree to reach an amicable resolution oftheir dispute and to avoid the cost and investment of time in litigation.

II. JURISDICTION

A. This Court has jurisdiction over the subject matter of this action and the claims arising between the EEOC and DeCoster, and between the EEOC and Iowa Ag.

B. The Court shall retain jurisdiction to resolve all disputes that may arise under this Decree, including those relating to any purchaser, agent, assignee, or successor to or of DeCoster or Iowa Ag for the duration ofthis Decree. Where the names DeCoster or Iowa Ag is used, it shall also be deemed to include any purchaser, agent, assignee, or successor to or of DeCoster or Iowa Ag.

III. DURATION OF CONSF,NT DECREE

This Consent Decree shall become effective on the date on which the Court enters a final approval of this Decree, and shall remain in effect through December 31, 2005, except for the "General Provisions" in Section IV, which shall remain in force indefinitely.

IV. GENF,RAL PRQVISIONS

A. DeCoster and Iowa Ag shall not permit sexual harassment of female applicants or employees, and shall provide equal employment opportunity for applicants and employees without regard to sex.

B. DeCoster and Iowa Ag shall not retaliate against individuals who oppose unlawful practices or who engage in activities protected by Title VII.

C. Nothing in these General Provisions shall be construed to supersede or conflict with specific remedial efforts and programs implemented under other sections of this Consent Decree.

V. PROGRAMS AND EQUITABLE RELIEF

A. Posting of Notice of Settlement

DeCoster and Iowa Ag each agrees to post the "Notice ofSettlement" attached as Exhibit "8" to this Consent Decree in a clear, conspicuous, and accessible location customarily used for the posting of employee notices in DeCoster and Iowa Ag's Wright County, Iowa, egg processing facilities. The Notice shall be posted within five calendar days of the approval of this Consent Decree by the Court, and remain posted for one year after entry of the Decree.

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B. Anti-Harassment Policy

1. Promulgation and Enforcement ofPolicy

DeCoster and Iowa Ag each agree to promulgate and enforce a strong, clear policy on the defendants' letterheads in both English and Spanish regarding harassment on the basis of race. sex, and national origin, including a statement that such harassment shall result in discipline, up to and including discharge. The policy shan be substantiaIly similar to the anti-harassment policy distributed to DeCoster and Iowa Ag owners, officers, agents, managers, supervisors, and employees pursuant to the above-described "Consent Order" entered by the Court on August 27, 2001. DeCoster and Iowa Ag shall distribute the anti-harassment policy to all officers, managers, supervisors, and employees in accordance with Section V(A)(3), (4), and (5) below.

2. Posting ofPolicy

The anti-harassment policy shall be posted for the term of this Consent Decree in a clear, conspicuous, and accessible location customarily used for the posting of employee notices in DeCoster and Iowa Ag's Wright County, Iowa, egg processing facilities.

3. Distribution to Current Employees

DeCoster and Iowa Ag shall give each current supervisor and employee a copy ofits sexual harassment policy, in each such individual's first language, and each supervisor and employee shall be required to acknowledge in writing his or her receipt of that policy, and to acknowledge that failure to comply with the policy may result in discipline, up to and including discharge.

4. Distribution Upon Hiring

DeCoster and Iowa Ag shall give each newly-hired supervisor and employee a copy of its sexual harassment policy when hired, in each such individual's first language, and each supervisor and employee shall be required to acknowledge in writing his or her receipt ofthat policy, and to acknowledge that failure to comply with the policy may result in discipline, up to and including discharge.

5. Annual Distribution

Each year, on September 1st, DeCoster and Iowa Ag shall give cach current supervisor and employee a copy of the current policy in each supervisor or employee's first language, and each supervisor and employee shall be required to acknowledge in writing his or her receipt ofthat policy, and to acknowledge that failure to comply with the policy may result in discipline, up to and including discharge.

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C. Anti·Retaliation Policy

1. Promulgation and Enforcement ofPolicy

DeCoster and Iowa Ag each shall promulgate and enforce a strong, clear policy on their letterheads in both English and Spanish stating that DeCoster and Iowa Ag employees will not be subject to retaliation for raising complaints ofnon-compliance with Title VII, and that their identities will remain, as near as possible, confidential. The policy shaH be substantially similar to the anti-retaliation policy distributed to DeCoster and Iowa Ag owners, 0 fficers, agents, managers, supervisors, and employees pursuant to the above-described "Consent Order" entered by the Court on August 27, 2001. The notice shall further advise employees of their right to file a charge with the EEOC.

2. Posting ofPolicy

The anti-retaliation policy shaH be posted for the term ofthis Decree in a clear, conspicuous, and accessible location customarily used for the posting of employee notices in DeCoster and Iowa Ag's Wright County, Iowa, egg processing facilities.

3. Distribution ofPolicy

DeCoster and Iowa Ag sba11 distribute the anti-retaliation policy to all officers, managers, supervisors, and employees in accordance with Section V(A)(3), (4), and (5) above.

D. Equal Employment Opportunity Trainin!!

1. Annual Trainillg

For the tcnn of this Consent Decree, DeCoster and Iowa Ag shaH provide annual training to all supervisors involved in decisions relating to hiring, assignments, transfers, discipline, tenninations, pay, and promotions. For this training, they shal1 use an outside consultant to be mutual1y designated by DcCoster, Iowa Ag, and the EEOC, the cost of which shaH be borne by DeCoster and Iowa Ag. The training subjects, each of which shall receive equal emphasis during the training, shall include national origin discrimination, sex discrimination, sexual harassment, and discrimination and harassment on the basis of national origin.

2. Mandatory Training

Eaeh training session shall be mandatory for all supervisors involved in decisions relating to hiring, assignments, transfers, discipline, tenninations, pay, and promotions, and shall be scheduled on company time, for no less than two hours per session.

3. First Training SessiO/I

The first training session shall occur no later than 60 days after the entry of this Consent

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Decree by the Court.

Ii:. Recordkeeping

DeCoster and Iowa Ag agree to fully comply with the recordkeeping requirements of Title VII and its regulations. Within 30 days of this Decree, DeCoster and Towa Ag each shall select one employee to serve as its recordkeeping liaison with primary responsibility for ensuring that the reeordkeeping requirements are complied with in full. The recordkeeping liaison shaH, on a monthly basis, contact each person who regularly or periodically handles records required to be maintained pursuant to Title VII and its regulations, and assure that such records are being maintained. Time spent at such monitoring duties shall be considered time worked and recordkeeping liaison shall be compensated at the appropriate rate for time worked.

F. Reporting to EEOC

1. Recordkeeping Liaj.~on; Reports ofComplaints

Commencing 180 days after entry of this Decree, and thereafter on each February I" for the term ofthe Decree, DeCoster and Iowa Ag each shall report to the EEOC the name., title, and address ofthe individual serving as recordkeeping liaison in accordance with Section VIJ(E) above, and shall provide in summary, written form a report regarding the following employment activity: a list of all complaints, whether formal or informal, or verbal or in writing, alleging that an applicant or employee of DeCoster or Iowa Ag has been the victim of discrimination based on sex and national origin, or has suffered retaliation for having opposed any practice made unlawful by Title VII, or because he or she made a charge, testi fled, assisted, orparticipatcd in any manner in an investigation, proceeding, or hearing under Title VII.

2. Records Available Upon Request

In addition to the reports specified in Section Vll(F)(l), DeCoster and Iowa Ag each shall make available, upon request, copies of the underlying documents for review and inspection by the EEOC. DeCoster and Iowa Ag shall bear the cost of any such copies.

3. Copies ofAnti-Harassment and Anti-Retaliation Policies

DeCoster and Iowa Ag each shall provide the EEOC with copies oftheir anti-harassment and anti-retaliation policies and a statement attesting to the means by which supervisors and employees arc informed of the promulgation and enforcement of those policies within 10 days of the entry of this Consent Decree.

4. Report on Compliance With Training ReqUirements

Each February 1" fur the knn ofthe Decree, DeCoster and Iowa Ag each shall report to the EEOC in writing concerning their compliance with the training requirements ofSection V(C) above.

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VI. MONETARY RELIEF

DeCoster and Iowa Ag shall pay, and be jointly and severally liable for, the sum of one million. five hundred twenty five thousand dollars ($1,525,000.00) to resolve the allegations ofthe complaint. Settlement payments totaling one million three hundred thousand dollars ($1,300,000.00) will be made to the 11 individuals named on Exhibit "A," in the amounts and on the dates set forth therein. Payments shall be made following receipt by counsel for DeCoster and Iowa Ag ofa release from each such individu::l·.vhich hu, been separately negotiated by ICADV on behalfofthe women. Exhibit "A" shall not be made part of the public record and shall be sealed by the Court from public view.

The settlement payments will be made by mailing, by certified mail, to ICADV, with copies to EEOC, checks totaling three hundred eighty"one thousand, two hundred fifty dollars ($381,250.00) on or before October 21, 2002, January 20,2003, June 20, 2003, and October 20, 2003. If any release has not been received by any payment date, any portion of the payment allocated to the individual who has not provided a release will not be made until 10 days after receipt of the release.

DeCoster and Iowa Ag shall pay the remaining two hundred twenty-five thousand dollars on the dates set forth above in the amounts set forth on Exhibit "A." ICADV shall be paid a total ofone hundred thousand dollars ($100,000.00). Any additional claimants shaH be paid a total of one hundred twenty-five thousand dollars ($125,000.00). The funds provided for any additional claimants shall be held by ICADV in a segregated bank account. Within 30 days ofthe entry ofthis Consent Decree, DeCoster and Iowa Ag shall provide to EEOC with the last- known addresses of women who were employed in the Wright County egg processing facilities by DeCoster and Iowa Ag from January 1, 1996, to August 27, 2001. The EEOC shall send a notice to such women in substantially the form attached as Exhibit B. Any additional claims shall be evaluated solely by EEOC, and EEOC shall have sole discretion in determining amounts to be paid to any additional claimants. Prior to receiving payment from this fund each person shall provide a release of all claims of sexual harassment arising under Title VII which relate to conduct that allegedly occurred on Or before August 20, 2001. Any funds not paid to additional claimants within one yearofthedate of entry of this Consent Decree shall be paid to rCADv.

VII. COURT APPROVAL

The EEOC, DeCoster, and Iowa Ag stipulate that the relief provided under this Consent Decree fully, fairly, and adequately addresses the claims against DeCoster and Iowa Ag alleged in the Complaint in the above-captioned action. Accordingly, the EEOC, DeCoster, and Iowa Ag shall mutually and jointly seek Court approval of the Decree, and agree that, upon approval, all claims madc by the EEOC in the Complaint against DeCoster and Iowa Ag shall be resolved. If the Court rejects any ofthe provisions ofthe Decree deemed by the EEOC, DeCoster, or Iowa Ag as material, anyone of the parties may declare the entire Decree null and void.

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VIII. SUCCESSORSHIP AND ASSIGNMENT OF DUTIES UNDER DECREE

In the event of sale oflhe assets. stock, or company to any purchaser, assign, successor, third party, or any other entity, DeCoster and Iowa Ag agree that any such entity shall be fully informed of the terms of this Decree, and shall agree to bc bound by its terms as fully as ifit were an original signatory, Failure to comply with all of the terms of this Decree by any such entity shall be deemed a breach of this Decree as if the entity is an original signatory. Within 30 days of any transfer of assets, stock, or company, to any purchaser, assign, successor, third party, or any other entity, DeCoster and Iowa Ag shall promptly noti fy the EEOC in writing of the name, address, and telephone number of any purchaser, assign, successor, or third party assuming obligations arising
from this Decree, and shall provide a copy or the document(s) by which the purchaser, assign,
successor, or third party assumes obligations arising from this Decree.

IX. CONSTRUCTION AND INTERPRETATION

The EEOC, DeCoster, and Iowa Ag agree to meet and confer regarding any dispute arising from the implementation ofthis Consent Decree. If the parties are unable to resolve a dispute, any legal action relating to the Decree shall be filed in the Court that approves the Decree. The Decree and all settlement documents shall he construed under federal law.

c.) ; ,
Dated: _~t'~'~~i~"~"_'~~)_'~;,2002
)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
,/ )1
By: ' .'.~ Jean . Katnp Re ional Attorney

Rosemary Fox Supervisory Trial Attorney

Dated: ·.}ft*Jl\(<'f't ., /. 2002

EEOC Milwaukee District Of1lce 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2992 (414) 297-1860
( .... ..; ') C!tl) . /
By: /l \.t./ t·} Ii"'- /\ "//!r.1L7J2Yf{ R Dennis McBride (wt Bar No. 1000430) , . '
Senior Trial Attorney EEOC Milwaukee District Otliec 310 West Wisconsin Avenue - Suite 800 Milwaukee, WI 53203-2992 (414) 297-4188 FAX: (414) 297-3146

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AUSTIN J. DeCOSTER d/b/a DeCOSTER FARMS OF IOWA and IOWA AG, L.L.C.

Dated: _ _ _ _ _.2002

BY~~~~ Willi~Smith
Jan Mohrfeld Kramer
Smith. Schneider, Stiles & Serangeli, P.c.
lO,h Floor Equitable Building
604 Locust Street - Suite 1000 Des Moines, IA 50309 (515) 245-6789
FAX: (515) 244-1328

Dated: _ _ _ _ _ _ , 2002

By: Austin J. DeCoster d/b/a DeCoster Farms of Iowa

Dated: _ _ _ _ _ _, 2002

JowaAg, LLC
By: John W. Glessner, Jr. Its President

ORDER

~. oc:t:l.- SO ORDERED this

day of

,2002.

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Mark W. Bennett, Chief Judge United States District Court fi)r the Northern District of Iowa

10

• Case 3:02-cv-03077-MWB

Document 7

• Filed 10/03/2002

Page 12 of 12

Exhibit B

NOTICE
By order ofthe United States District Court _ _ _ _ _ _ _.2002

ATTENTION: All present and former employees of DeCoster Farms ofIowa and Iowa Ag, L.L.C.:

By order of the United States District Court for the Northern District ofIowa, resolving a lawsuit brought by the United States Equal Employment Opportunity Commission ("EEOC"), against DeCoster Fanus ofIowa and Iowa Ag, LL.C., this Notice is being provided to all present and former employees of DeCoster Farms and Iowa Ag.
YOU MAY BE ELIGIBLE FOR PAYMENT FOR DISCRIMINATION THAT YOU MIGHT HAVE SUFFERED DURING YOUR EMPLOYMENT.
The EEOC has resolved a federal lawsuit with DeCoster Farms and Iowa Ag in which DeCoster Farms and Iowa Ag, without admitting that anyone in their facilities engaged in employment discrimination, have agreed to create a fund to compensate individuals who allegedly suffered from such d••climination. Any woman who now works, or formerly worked for DeCoster Farms or Iowa Ag is potentially eligible for such compensation.
You may be eligible for compensation if you are a woman who believes that you were the victim of
1. Any unwanted physical touching.
2. Any offensive words relating to your sex.
3. Any retaliation of any sort against any employee who complained of harassment.
If you believe tbat you were tbe victim of such discrimination, please call the E.EOC as sooo as possible. Failure to do so may result io losing your rigbts.
Telephone calls may be made confidentially to the EEOC's toll-free number (1-800-669-3362). Also, EEOC Investigators Lili Llanas and Monica Fernandez, hath of whom speak Spanish and English, can be reached individually at 414-297-3469 (Llanas) and 414-297-4076 (Fernandez). Ifnecessary, you may call Ms. Llanas and Ms. Fernandez by "collect" call.
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U.S. District Court Northern District of Iowa (Central Division) CIVIL DOCKET FOR CASE #: 3:02-cv-03077-MWB

CLOSED

EEOC v. Decoster, et al Assigned to: Judge Mark W Bennett Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Austin J Decoster doing business as Decoster Farms of IA

Date Filed: 09/26/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Dennis R McBride EEOC Milwaukee District Office 310 W Wisconsin Avenue Suite 800 **FAX ATTORNEY Milwaukee, WI 53203-2292 414 297 1111 Fax: 297 4133 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jean P Kamp EEOC Milwaukee District Office 310 W Wisconsin Avenue Suite 800 Milwaukee, WI 53203-2292 414 297 1111 Fax: 297 4133 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William S Smith Smith, Schneider, Stiles & Serangeli Equitable Building, Suite 1000 604 Locust Street **ECF Des Moines, IA 50309-3715 515 245 6789 Fax: 244 1328 Email: wssmith@smithlawiowa.com LEAD ATTORNEY

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Defendant Iowa Ag LLC

ATTORNEY TO BE NOTICED
represented by William S Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2002
09/26/2002 09/30/2002
09/30/2002
09/30/2002 10/02/2002 10/02/2002 10/02/2002 10/03/2002

#

Docket Text

1 COMPLAINT (w/notice,consents,report form, LR16/3.2/41.1 to atty for svc) (AO#1451 to filing atty) SCHEDULING REPORT DDL 2/13/03 {Related Case C01-3070MWB} DES Additional attachment(s) added on 7/21/2006 (src, ). (Entered: 09/26/2002)
1 DEMAND FOR JURY TRIAL by plaintiff EEOC DES (Entered: 09/26/2002)
2 JOINT MOTION for entry of consent decree (proposed order attached) by plaintiff EEOC, defendant Austin J Decoster, defendant Iowa Ag LLC assigned to Chief Judge Mark W. Bennett DES Additional attachment(s) added on 7/21/2006 (src, ). (Entered: 09/30/2002)
3 SEALED JOINT MOTION for leave to file document under seal (proposed document attached) by plaintiff EEOC, defendant Austin J Decoster, defendant Iowa Ag LLC assigned to Chief Judge Mark W. Bennett DES Modified on 10/01/2002 (Entered: 09/30/2002)
Added for defendant Austin J Decoster, defendant Iowa Ag LLC attorney William S Smith DES (Entered: 09/30/2002)
4 ORDER by Chief Judge Mark W. Bennett granting motion for leave to file document under seal [3-1] (cc: all counsel) DES Additional attachment(s) added on 7/21/2006 (src, ). (Entered: 10/02/2002)
5 SEALED DOCUMENT by plaintiff EEOC, defendant Austin J Decoster, defendant Iowa Ag LLC DES (Entered: 10/02/2002)
6 CONSENT DECREE by Chief Judge Mark W. Bennett granting joint motion for entry of consent decree [2-1] (cc: all counsel) DES Additional attachment(s) added on 7/21/2006 (src, ). (Entered: 10/02/2002)
7 JUDGMENT: Entered in accordance with Consent Decree terminating case JUDGMENT BOOK 49 ENTRY 30 (cc: all counsel) DES Additional attachment(s) added on 7/21/2006 (src, ). (Entered: 10/03/2002)

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 </s> EEOC AND DECOSTER FARMS SETTLE COMPLAINT FOR $1,525,000

http://www.eeoc.gov/press/9-30-02-b.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE September 30, 2002

CONTACT: H. Joan Ehrlich, Director Office of Communications and Legislative Affairs EEOC Headquarters (202) 663-4900 (713) 817-0991
Jean P. Kamp Regional Attorney EEOC Milwaukee District Office (414) 297-1860
Dennis R. McBride Senior Trial Attorney EEOC Milwaukee District Office (414) 297-4188 TTY: (414) 297-1115

EEOC AND DECOSTER FARMS SETTLE COMPLAINT FOR $1,525,000

MILWAUKEE - The U.S. Equal Employment Opportunity Commission (EEOC) today announced a $1,525,000 settlement of an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964 against DeCoster Farms on behalf of women who alleged they were subjected to sexual harassment (including rape), abuse, and retaliation by certain supervisory workers at DeCoster's Wright County, Iowa, plants.
A Consent Decree was filed with the U.S. District Court today for its approval of this settlement. In addition to monetary relief for the employees represented in the complaint, DeCoster Farms, which did not admit liability, has also agreed to make institutional changes that include annual training for managers and employees as well as the continued enforcement of anti-harassment and anti-retaliation policies. In addition, the company has committed to maintaining a liaison with the EEOC during the next three years to ensure compliance with the settlement. Finally, a portion of the financial settlement will support the work of the Iowa Coalition Against Domestic Violence (ICADV).
"Protecting immigrant workers from illegal discrimination has been, and will continue to be, a priority for the EEOC," said Commission Chair Cari M. Dominguez. "We commend the DeCosters for beginning to implement changes in the egg processing facilities, even before this agreement was reached, to ensure that such harassment can never occur again."
The Consent Decree ends an investigation that began in August 2001, when ICADV filed a charge of discrimination with the EEOC against DeCoster Farms alleging a hostile workplace environment towards female employees.
In January 2002, the EEOC issued a Determination that certain supervisors employed by DeCoster Farms sexually assaulted and harassed female employees, especially those of Mexican and other Hispanic national origin - some of whom were undocumented workers at the time - and threatened retaliation if they complained of such conduct. Those supervisors had previously been fired by the company for unrelated reasons.
Following an investigation into the alleged incidents, a number of remedial policies were implemented by DeCoster Farms and both parties entered into negotiations on the Consent Decree to reach a resolution of the dispute.
In addition to enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based upon race, color, religion, sex, and national origin, the EEOC enforces the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and portions of the Civil Rights Act of 1991. Further information about the Commission is available on its web site, www.eeoc.gov.

This page was last modified on September 30, 2002.

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[CONTENT] EEOC | Milwaukee | Austin J. Decoster | Iowa AG | LLC | September 26, 2002 | the U.S. District Court | the Northern District | Iowa ||| Title VII of the Civil Rights Act | 1964 ||| October 2, 2002 | 1,525,000 | Title VII | Title VII | annually | EEOC [SUMMARY] The EEOC's Milwaukee district office sued Austin J. Decoster and Iowa AG, LLC on September 26, 2002 in the U.S. District Court for the Northern District of Iowa.  The complaint alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they allowed sexual harassment of female employees.  The parties entered into a consent decree on October 2, 2002 which stipulated that the defendants would pay $1,525,000 in damages and costs, revise and distribute their anti-harassment and discrimination policies, post a notice of compliance with Title VII, implement Title VII training for supervisors dealing with personnel decisions, and annually report complaints and compliance with the consent decree to the EEOC.

