Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. J&R BAKER FARMS, LLC, and J&R FARMS PARTNERSHIP Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 7:14-CV-136 JURY TRIAL DEMANDED COMPLAINT This is an action under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of national origin and/or race and to provide appropriate relief to Jeffrey Adams, Kathern Bentley, Jimmy Boatwright, Maleah Caldwell, Jonathan A. Daniels, Fiona Dawson, Rachel Flemming, Mary Jo Fuller, Johnny Gary, Denise Hopkins, Danny King, Eric B. Martin, Marcus D. Moore, Tyree Sinclair, Dana Spradley, Kashonda Walker (Sinclair), Andrea N. Ware, Victor B. Williams, Stephanie Jackson, Ashley Banks, Derrick Green, Kira Huntley, Tekoy Hutto, Domarnique Moore, Jamar Moore, and other similarly Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 2 of 11 situated aggrieved individuals (“class members”) who worked for J&R Baker Farms, LLC and/or J&R Farms Partnership (hereinafter collectively referred to as “Defendants”) in and around Colquitt County, Georgia from September 2010 to the present and who were adversely affected by such practices. Plaintiff alleges that Defendants violated Title VII when they engaged in a pattern or practice of unlawful discrimination by subjecting American and/or African American workers to different terms and conditions of employment based upon their national origin (“American” or “United States”) and/or race (African American), provided fewer work opportunities to American and/or African American workers vis-à-vis their foreign born counterparts, and unlawfully discharged American and/or African American workers based on national origin and/or race. JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) and 2000e-6 (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Georgia, Valdosta Division. 2 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 3 of 11 PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3), and 2000e-6(a). 4. At all relevant times, Defendants have continuously been a privately held partnership doing business in the state of Georgia and maintain their principal place of business at 561 Roundtree Bridge Road, Norman Park, Georgia 31771, and has continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been an employer engaged in the packing and production of produce in around Colquitt County, Georgia, in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jeffrey Adams, Kathern Bentley, Jimmy Boatwright, Maleah Caldwell, Jonathan A. Daniels, Fiona Dawson, Rachel Flemming, Mary Jo Fuller, Johnny Gary, Denise Hopkins, Danny King, Eric B. Martin, Marcus D. Moore, Tyree Sinclair, Dana 3 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 4 of 11 Spradley, Kashonda Walker (Sinclair), Andrea N. Ware, Victor B. Williams, Stephanie Jackson, Ashley Banks, Derrick Green, Kira Huntley, Tekoy Hutto, Domarnique Moore, and Jamar Moore (“Charging Parties”) filed charges of discrimination with the Commission alleging violations of Title VII by Defendants. 7. On August 15, 2013, the Commission issued to defendant(s) a Letter of Determination finding reasonable cause to believe that Title VII was violated and inviting defendant(s) to join with the Commission in informal methods of conciliation to endeavor to eliminate the discriminatory practices and provide appropriate relief. 8. On September 11, 2013, the Commission issued to defendant(s) a Notice of Failure of Conciliation advising defendant(s) that the Commission was unable to secure from defendant(s) a conciliation agreement acceptable to the Commission. 9. All conditions precedent to the initiation of this lawsuit have been fulfilled. 10. Each Charging Party is of American national origin. 11. Each Charging Party, with the exception of Kathern Bentley, is African American. 4 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 5 of 11 Disparate Terms and Conditions of Employment Based on National Origin and/or Race 12. Since at least September 2010, Defendants engaged in unlawful employment practices at their operations in Colquitt County, Georgia, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by subjecting a class of American and/or African American workers to a pattern or practice of disparate terms and conditions of employment. These unlawful practices include but are not limited to: a. Defendants segregated work crews by national origin and/or race, provided the American and/or African American workers with little or no training, and purposely frustrated the production rate of the American workers. b. Defendants habitually delayed work start times for American and/or African American workers. c. Defendants sent American and/or African American workers home while allowing the foreign-born workers to continue to work. d. Defendants directed American and/or African American workers not to report to work on days when farm work was performed exclusively by the foreign-born workforce. e. Defendants denied American and/or African American workers equal opportunity for work and wages. 5 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 6 of 11 f. Defendants subjected American and/or African American workers to production standards that were not previously disclosed and were not imposed on foreign-born workers. 13. Defendants subjected the American and/or African American workers to disparate terms and conditions of employment because of their national origin and/or race. 14. The practices complained of in Paragraphs 12 and 13 resulted in a class of American and/or African American workers receiving less hours of compensable work and less pay than their foreign-born counterparts. 15. The unlawful employment practices complained of in Paragraphs 12 and 13 above were done with malice or with reckless indifference to the federally protected rights of the class of American and/or African American workers. 16. Defendants’ failure or refusal to provide equal terms and conditions of employment constitutes an unlawful pattern or practice of discrimination against the class of American and/or African American workers in violation of Section 703(a) of Title VII. Termination Based on National Origin and/or Race 17. Since at least September 2010, Defendants have engaged in unlawful employment practices at its operations in Colquitt County, Georgia, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), by unlawfully subjecting a 6 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 7 of 11 class of American and/or African American workers to a pattern or practice of discriminatory treatment by disproportionately terminating them based on their national origin and/or race. 18. Defendants have engaged in a pattern or practice of unlawfully terminating qualified American and/or African American, non-supervisory, farm workers and replacing them with foreign-born workers. Illustrative examples of this practice are as follows: a. Defendants hired approximately 121 American workers for the fall 2010 agricultural season (September 2010 - January 2011). During the first six weeks of the fall 2010 agricultural season, approximately 116 Americans were separated, reducing the American workforce from 121 (58% of the workforce) to 5 (4% of the workforce), while the overall number of foreign-born workers increased from 88 to 117. Defendants involuntarily terminated a large number of American and/or African American workers in the first six weeks of the growing season. Specifically, on or about October 4, 2010, Defendants terminated Charging Parties Adams, Bentley, Daniels, Fuller, Gary, Hopkins, King, Moore, Spradley, Walker (Sinclair), and Ware, and additional similarly situated American workers, including but not limited to Rakisha Blalock, Lavinsky Carter, Michael Riggins, and Margaret Sutton for failing to meet a previously undisclosed production standard of picking at least 9 buckets of squash an hour. Upon information and 7 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 8 of 11 belief, foreign-born workers were not subjected to this or any production standard and few if any foreign-born workers were involuntarily terminated throughout the fall 2010 season. b. Before the end of the spring 2011 agricultural season (April - July 2011), nearly all of Defendants’ American and/or African American workers were no longer employed by Defendants while upon information and belief few if any foreign-born workers were involuntarily terminated. c. Within a few days of the start of the fall 2012 agricultural season (September 2012 – January 2013), Defendants involuntarily terminated nearly all of the American and/or African American workers for violating undisclosed work rules, including Charging Parties Ashely Banks, Derrick Green, Kira Huntley, Tekoy Hutto, Domarnique Moore, and Jamar Moore, and additional similarly situated American and/or African American workers, including but not limited to Willie Frederick and Ashley Taylor. Upon information and belief, few if any foreign-born workers were involuntarily terminated for violating work rules. 19. The termination of the American and/or African American workers was based on their national origin and/or race. 20. The practices complained of in Paragraphs 17 through 19 resulted in the disproportionate termination of a class of American and/or African American workers. 8 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 9 of 11 21. The unlawful employment practices complained of in Paragraphs 17 through 19 were done with malice or with reckless indifference to the federally protected rights of the class of American and/or African American workers. 22. Defendants’ disproportionate termination of American-born and/or African American workers constitutes an unlawful pattern or practice of discrimination against a class of American workers in violation of Section 703(a) of Title VII. PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them, from engaging in a pattern or practice of terminating American persons based on national origin and/or race in their Georgia facilities and work sites, and engaging in any other employment practice which discriminates on the basis of national origin or race. B. Grant a permanent injunction enjoining Defendants, their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them, from subjecting American employees to disparate terms and conditions of employment based on national origin and/or race. 9 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 10 of 11 C. Order Defendants, to institute and carry out policies, practices, and programs which provide equal employment opportunities for all American, including African American employees, and which eradicate the effects of their past and present unlawful employment practices. D. Order Defendants to make whole the Charging Parties and class members, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices. E. Order Defendants to make whole the Charging Parties and class members, by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in Paragraphs 12 through 19 above, including job search expenses, in amounts to be determined at trial. F. Order Defendants to make whole the Charging Parties and class members, by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in Paragraphs 12 through 19 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. G. Order Defendants to pay to the Charging Parties and class members punitive damages for its malicious and/or reckless conduct described in Paragraphs 12 through 19 above, in amounts to be determined at trial. 10 Case 7:14-cv-00136-HL Document 1 Filed 08/28/14 Page 11 of 11 H. Grant such further relief as the Court deems necessary and proper in the public interest. I. Award the Commission its costs in this action. JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted, P. DAVID LOPEZ General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel August 28, 2014 Date s/Robert K. Dawkins . ROBERT K. DAWKINS Regional Attorney Georgia Bar No. 076206 OTTRELL FERRELL EDWARDS Supervisory Trial Attorney Georgia Bar No. 141979 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Atlanta District Office 100 Alabama Street, SW, Suite 4R30 Atlanta, Georgia 30303 Telephone: (404) 562-6818 Facsimile: (404) 562-6905 11 1844 (Rev IZIIZ) The IS 44 civil cover sheet and the information contained herein neither re provlded local rules of court. This form, approved by the Judicial ConlJe) Case 7:14-cv-00136-HL Document 1-1 Filed 08/28/14 Page 1 of 1 CIVIL COVER SHEET lace nor supplement the film and service of pleadings or other papers as re uired by law. except as rence of the niled States in epteinber I914, is for the use ofthe lerk ofCourt for the purpose 0 initiating the docket sheet. (SEE minim}? 0N PAGE OF THIS I. PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION County of Reardence of First Listed Plaintiff CASES) ttome Sf timed rear IpIi 6 Robert K. Dawkins. Regional Attorney: Equal Employment Opportunity Commission; 100 Alabama St.. SW, Ste. Atlanta. GA 30303: 404-562-6818 DEFENDANTS BAKER FARMS, LLCI AND FARMS PARTNERSHIP County of ReSIdence of First Listed Defendant (IN S. CASES IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT OF LAND INVOLVED NOTE Attorneys fifKiimmJ II. {Place an BiirOnM {Place on (For Diversity 'ases Only and One Biu?ir Defendant) I 5 Government CI 3 Federal Question PTF DEF PTF DEF Plaintiff II). S. ifotemnieni Not a Porgy Citizen oI'TIus State CI I I Incorporated m- I'rineipal PIace 4 CI 4 of Business In This State 2 Government CI 4 Diversity Citizen of Another Stale CI 2 2 Incorporated and Principal Place CI 5 CI 5 Defendant i?i'ndicaic of Parties in Item of Business In Another Stale Citizen or Subject ofii 3 3 Foreign Nation CI 6 6 Foreign Cow-try IV. 0F SUIT (Place on in One 3m OnItLl CONTRACT TORTS PORFEITUREJPENALTY OTHER STATUTES I I 10 Insurance PERSONAL INJURY PERSONAL INJURY CI 625 Drug Related Seizure 422 Appeal USC 158 CI 375 False Claims Act I20 Marine CI 310 Airplane 365 Personal Injury - of Property 2 881 423 Withdrawal CI 400 State Reapportionment I30 Miller Act CI 315 Airplane Product Product Liability CI 690 Other 28 USC I57 CI Antitrust CI I40 Negotiable Instrument Liability 367 Health Carol 430 Banks and Banking CI I50 Recovery of Overpayment CI 320 Assault. Libel 8; Pharmaceutical PROPERTY RIGHTS 450 Commemc Enforcement of Judgment Slander Personal Injury CI 820 Copyrights Cl 460 Deportation CI Medicare Act CI 330 Federal Eniployers' Product Liability CI 830 Patent CI 470 Racketeer In?uenced and CI 152 Recovery of Defaulted Liability CI 368 Asbestos Personal CI 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product CI 480 Consumer Credit (Excludes Veterans) El 345 Marine Product Liability LABOR El 490 CabIeJ'Sat TV 0 I53 Recovery oI'Overpayrnenl Liabllity PERSONAL PROPERTY 0 710 Fair Labor Standards CI 86I HM (1395?) El 850 Seemitieleomrrtoditiesf ofVeieran's Bene?ts CI 350 Motor Vehicle CI 37-! Other Fraud Act CI 862 Black Lung (923) Exchange 0 I60 Stockholders? Suits 355 Motor Vehicle CI Truth in Lending CI 720 LaborlManagement CI 863 (405(3)) El 390 Other Statutory Actions l3 I90 Other Contract Product Liability El J's-ii Other Personal Relations CI 864 Title XVI CI 89l Agricultural Acts I3 I95 Contract Product Liability 360 Other Personal Prope?y Damage CI 740 Railway Labor Act CI 865 RSI (405(3)) IS 893 Environmental Matters El I96 Franchise Injury 385 Property Damage CI Family and Medical CI 895 Freedom of Information El 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice Cl 790 Other Labor Litigation CI 896 Arbitration I REAL PROPERTY CIVIL RIGIITS PRISONER PETITIONS Cl T9l Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure CI 210 Land Condemnation CI 440 Other Civil Rights Ilalieas Corpus: Income Security Act El 870 Taxes 5 Plaintiff AcU'Review or Appeal of CI 220 Foreclosure CI 44] Voting 463 Alien Detainee or Defendant) Agency Decision CI 230 Rent Lease Ejectment 442 Employment [3 5 It} Motions to Vacate IRS?Third Party CI 950 Constitutionality of 240 Torts to Land CI 443 Housing} Sentence 26 USC 7609 State Statutes CI 245 Tort Product Liability Accommodations CI 530 General CI 290 All Other Real Property CI 445 Amer waisabilities- 535 Death Penalty IMMIGRATION Employment Other: 462 Naturalization Appli:attnn CI 446 Amer waisabiliues - CI 540 Mandamus Other CI 465 Other Immigration Other El 550 Clt?tl Rights Actions 448 Education El 555 Prison Condition 560 CirilDetainee- Conditions of Con?nement V. ORIGIN {Place on cm I?an} Ml Original CI 2 Removed from El 3 Remanded from 4 Reinstated or 5 Transferred from El 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation VI. CAUSE OF ACTION VII. REQUESTED IN Title VII of the Civil Rights Act 0 Brief description of cause . . . Discrimination on the DESIS of national origin andlor race In Violation of Title VII. CI CHECK IF THIS IS A CLASS ACTION Cite the Ctin Statute under which on are (no not er'rejunZi-dicrinnalrramrer unless I1964 an Title I of Civil Rights Act of 1991. DEMAND 5 CHECK YES only ifdemandeil In complaint COMPLAINT: UNDER RULE 23. Cv JURY DEMAND: lit Yes i: No RELATED IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 0812812014 Robert K. Dawkins warn??=39? FOR OFFICE USE ONLY RECEIPTII APPLYING IFP MAG JUDGE