Pacific Seafood will pay USD 85,000 to an employee over a lawsuit regarding discrimination. (Photo: Stock File/FIS)

Seafood processor sued for wrongful dismissal

UNITED STATES
Monday, February 07, 2011, 06:00 (GMT + 9)

An Oregon-based seafood processor and distributor will pay USD 85,000 to an illegally fired worker and take remedial measures to settle a lawsuit for retaliation filed by the US Equal Employment Opportunity Commission (EEOC), the agency informed.

The EEOC’s suit tells that in June 2007, Portland-based Pacific Seafood Company Inc and Pacific Seafood Group, Inc illegally fired warehouse worker Jesus Perez after he approached management regarding racial discrimination.

Perez said to his supervisor that he feared he had obtained a lower raise than his non-Hispanic co-worker because he was being discriminated due to his race. The supervisor responded by telling him that if he was going to accuse Pacific Seafood of discrimination, they “should part ways,” and Perez received his final paycheck that day, according to the EEOC.

“I was shocked when they fired me,” Perez said. “After working there for several years with a good record, I thought they would at least hear me out when I raised my complaint - not fire me on the spot.” 

“It has been a long road, but I’m proud that I stood up for my rights. Hopefully my actions and this lawsuit will help make Pacific Seafood a safer place for other employees,” he concluded.

Retaliation against an employee such as firing him or her for either opposing discrimination, helping others file charges or participating in an EEOC investigations or subsequent lawsuit as a witness violates Title VII of the Civil Rights Act of 1964.

The EEOC consequently filed the suit after EEOC Investigator Annalie Greer ran an investigation and attempted to reach a pre-litigation settlement through its conciliation process.

Pacific Seafood agreed to pay Perez USD 85,000. It will also redraft its policies on discrimination and retaliation, train all employees about the laws that prohibit workplace discrimination and retaliation and voluntarily report to the EEOC on its handling of discrimination complaints for the next five years.

“Employers have a duty to promptly and effectively respond to complaints of workplace discrimination,” said EEOC San Francisco Regional Attorney William R Tamayo. “When employers fail to take such complaints seriously, or, as in this case, retaliate against an employee who had a reasonable belief of discrimination, the EEOC will take action.”

EEOC San Francisco District Director Michael Baldonado added that, per the settlement, Pacific Seafood will now have to train its management and human resources representatives in anti-discrimination policies and develop an environment where employees can report illegal discrimination without fear of being fired or other types of retaliation.

Baldonado also noted that retaliation cases represent one of the fastest-growing types of charges filed with the EEOC. In Fiscal Year 2010, retaliation charge filings across the country increased more than 6 percent over the last five years to a record number of 36,258, now accounting for the most common type of discrimination charge.

By Natalia Real
[email protected]
www.seafood.media

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