Eaton onion producer pays $500K to settle harassment claims

EATON — Fagerberg Produce Inc. has agreed to conciliate discrimination charges involving sexual harassment and retaliation with the U.S. Equal Employment Opportunity Commission, the federal agency said in a statement today. 

The EEOC charged that a former manager at Fagerberg Produce subjected employees to unwelcome sexual harassment, retaliation, and/or different terms and conditions of their work environment. The conduct as alleged would violate Title VII of the Civil Rights Act of 1964, as amended.

Fagerberg Produce has agreed to pay $500,000 to five complainants and other individuals who claimed that they suffered discrimination during their employment. 

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In addition to the compensation, Fagerberg Produce has agreed to revise its EEO policy and implement procedures to investigate complaints, including taking immediate corrective action if it receives reports of unlawful harassment. Fagerberg Produce will also retain an external bilingual consultant to train employees, investigate harassment complaints, and monitor compliance with the terms of the agreement, along with the assistance of Fagerberg Produce’s appointed EEO officer. 

Additionally, Fagerberg Produce will send a letter to its customers informing them of its commitment to creating a discrimination-free workplace. 

Fagerberg Product is an agribusiness that produces onions from seed and from sets on a farm near Eaton. It has been in existence since the 1940s and sells onions to consumers and to retailers, according to its website. 

A woman who answered the telephone at Fagerberg Produce when BizWest called said no one was available to comment about the decision, and she didn’t know when anyone would. Ryan Fagerberg, president of the company, signed a company human rights policy on Dec. 15, 2018, that is posted on the company’s website. The statement outlines how employees can seek attention to claims of discrimination or harassment, and it assigns responsibility for compliance with the policy to the company president.

“We thank Fagerberg Produce for cooperating with EEOC in reaching an early resolution. This type of significant relief for vulnerable workers is a priority for the commission,” said Amy Burkholder, director of the EEOC’s Denver Field Office. 

The Denver field office is part of the Phoenix District Office, which has jurisdiction over a five-state region of Arizona, Colorado, New Mexico, Wyoming and Utah.