Koch Foods Pays $3.75 Million to Settle Discrimination Suits  

JACKSON, Mississippi (July 31, 2018) – Poultry supplier Koch Foods of Mississippi, LLC will pay $3.75 million and furnish other relief to settle two lawsuits filed by eleven workers and the U.S. Equal Employment Opportunity Commission (EEOC).  The workers, who filed the first discrimination lawsuit against Koch Foods eight years ago, were represented by Southern Migrant Legal Services (SMLS) and attorney Robert McDuff of Jackson, Mississippi.    

“Our clients were very brave in making the choice to speak out,” said Caitlin Berberich, an attorney with SMLS who represented one of the workers’ attorneys.  “We are pleased that after eight years of litigation, our clients and Koch Foods were able to resolve this matter, including implementation of practices that will hopefully prevent the types of abuses alleged in this case from happening in the future. This was important to our clients from the beginning.”  SMLS is a Tennessee-based project of Texas RioGrande Legal Aid (TRLA). 

The workers’ lawsuit – alleging sexual harassment, retaliation, and national origin and race discrimination under 42 U.S.C. § 1981 and Mississippi negligence law – was first filed on March 1, 2010 (Cazorla v. Koch Foods of Mississippi, LLC, et. al., Civ. No. 3:10-cv-135 (S.D. Miss.)).  After investigating the complaints brought by the eleven workers, the EEOC filed its own suit on June 29, 2011 for similar allegations under Title VII of the Civil Rights Act of 1964; the EEOC’s suit alleged discrimination against a class of Hispanic workers at a Koch chicken processing plant in Morton, Mississippi (EEOC v. Koch Foods of Miss., LLC, Civ. No.11-cv-391 (S.D. Miss.). The EEOC and SMLS cases were subsequently consolidated.

The two lawsuits alleged that Koch Foods subjected Hispanic employees and female employees to a hostile work environment and disparate treatment based on their race/national origin and sex, and then retaliated against those who complained. The workers alleged that supervisors touched and/or made sexually suggestive comments to female Hispanic employees, hit Hispanic employees and charged many of them money for normal everyday activities at work, such as using bathrooms, taking leave, or requesting job transfers. Further, a class of Hispanic employees was subject to retaliation in the form of discharge and other adverse actions after complaining.

The three-year consent decree entered today by Judge Daniel P. Jordan III provides for $3.75 million in monetary relief for the victims. In addition, Koch Foods will take specific actions to prevent future discrimination, including providing anti-discrimination training to employees; creating a 24-hour hotline for reporting discrimination complaints in English and Spanish; and posting anti-discrimination policies and  notices in its workplace in English and Spanish.

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