Case: EEOC v. Faribault Foods Inc.

0:07-cv-03976 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 14, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 14, 2007, the EEOC filed a complaint in the United States District Court for the District of Minnesota under Title VII of the Civil Rights Act of 1964. The EEOC represented a class of individuals claiming discrimination based upon race and national origin in hiring, promotion, job assignment, demotion, and discharge by Faribault Foods. Specifically, the complaint alleged that Faribault Foods engaged in disparate treatment against its Hispanic workforce. For example, it allegedly …

On September 14, 2007, the EEOC filed a complaint in the United States District Court for the District of Minnesota under Title VII of the Civil Rights Act of 1964. The EEOC represented a class of individuals claiming discrimination based upon race and national origin in hiring, promotion, job assignment, demotion, and discharge by Faribault Foods.

Specifically, the complaint alleged that Faribault Foods engaged in disparate treatment against its Hispanic workforce. For example, it allegedly enforced English-proficiency requirements for entry-level positions that did not require English proficiency. The EEOC sought injunctive and monetary relief.

On October 17, 2007, the District Court (Judge Richard House Kyle) approved a consent decree. The decree consolidated this case with a separate class action suit filed by the same aggrieved individuals (Mendez v. Faribault Foods, Inc.). Under the decree, Faribault Foods was generally enjoined from any future violations of Title VII or the Uniform Guidelines on Employee Selection Procedures. It was also required to conduct three hours of diversity training annually for its managers.

Further, the defendant was required to conduct all employee orientation and workplace policy training in Spanish, translate its safety procedures and job openings into Spanish, and provide a Spanish interpreter for all reviews and disciplinary actions. The decree also required Faribault Foods to establish a diversity committee to promote and provide feedback of its diversity efforts. It was further required to reimburse tuition for any successfully completed English-language courses by its employees. Finally, the defendant was to pay $465,000 to the class claimants. The consent decree was to remain in effect for a period of two years.

On March 28, 2008, the Court granted final approval and certification of the settlement class and the consent decree. The certified class was defined as: "Hispanic current and former employees of Faribault Foods that were discriminated against during their employment on the basis of their race and national origin."

In the March 28 order, the Court also retained jurisdiction over these matters for purposes of ensuring compliance with the consent decree. The three year enforcement period ended without any further litigation, and the case is now closed.

Summary Authors

Adam Teitelbaum (3/27/2010)

Michael Beech (3/9/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4774947/parties/equal-employment-opportunity-commission-v-faribault-foods-inc/


Judge(s)

Boylan, Arthur J. (Minnesota)

Kyle, Richard House (Minnesota)

Attorneys(s) for Plaintiff

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Vasichek, Laurie A. (Minnesota)

Attorneys(s) for Defendant

Goldstein, David J. (Minnesota)

Lovejoy, Daniel N. (Minnesota)

Robbins, Holly M. (Minnesota)

Judge(s)

Boylan, Arthur J. (Minnesota)

Kyle, Richard House (Minnesota)

Attorneys(s) for Plaintiff

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Vasichek, Laurie A. (Minnesota)

Attorneys(s) for Defendant

Goldstein, David J. (Minnesota)

Lovejoy, Daniel N. (Minnesota)

Robbins, Holly M. (Minnesota)

Documents in the Clearinghouse

Document

0:07-cv-03976

Docket [PACER]

EEOC v. Faribault Foods, Inc.

June 1, 2009

June 1, 2009

Docket
1

0:07-cv-03976

Complaint

EEOC v. Faribault Foods, Inc.

Sept. 14, 2007

Sept. 14, 2007

Complaint
10

0:07-cv-03976

07-cv-03986

Consent Decree

EEOC v. Faribault Foods, Inc.

Oct. 18, 2007

Oct. 18, 2007

Settlement Agreement
15

0:07-cv-03976

Order Approving Settlement Classes and Consent Decree

EEOC v. Faribault Foods, Inc.

March 28, 2008

March 28, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4774947/equal-employment-opportunity-commission-v-faribault-foods-inc/

Last updated Aug. 28, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Faribault Foods Inc ( Filing fee waived) Assigned to Judge Richard H. Kyle per Civil Rights List and referred to Magistrate Judge Arthur J. Boylan, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (GJS) QC'd by gjs. (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
2

ANSWER to Complaint by Faribault Foods Inc. (Lovejoy, Daniel) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
3

CERTIFICATE OF SERVICE by Faribault Foods Inc re 2 Answer to Complaint (Lovejoy, Daniel) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
4

Joint MOTION to Consolidate Cases /Relation by Equal Employment Opportunity Commission, Faribault Foods Inc. (Attachments: # 1 Certificate of Service)(Vasichek, Laurie) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

PACER
5

ORDER that 07cv3986 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/18/07 and Ann D. Montgomery on 9/20/07. (JME) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER
6

ORDER that 07cv3985 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/21/07 and Judge John R. Tunheim on 9/21/07. (JME) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER
7

ORDER that 07cv3977 is reassigned to Judge Richard H. Kyle and Magistrate Judge Arthur J. Boylan. Signed by Judge Richard H. Kyle on 9/19/07 and Chief Judge James M. Rosenbaum on 9/21/07. (JME) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER
8

NOTICE OF PRETRIAL CONFERENCE - Pretrial Conference set for 11/7/2007 at 09:15 AM., in Suite 720, 180 East 5th Street, St. Paul., before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 9/24/07. (Attachments: # 1 Consent Form)(GJS) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER
9

LETTER TO MAGISTRATE JUDGE by Equal Employment Opportunity Commission. (Vasichek, Laurie) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
10

CONSENT DECREE. Signed by Judge Richard H. Kyle on 10/17/07. (rhks) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

RECAP
11

ORDER Rescheduling Hearing to March 28, 2008 at 8:00 a.m. (Written Opinion). Signed by Judge Richard H. Kyle on 11/26/07. (rhks) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

RECAP
12

NOTICE OF WITHDRAWAL FROM CASE by Faribault Foods Inc (Robbins, Holly) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
13

CERTIFICATE OF SERVICE by Faribault Foods Inc re 12 Notice of Withdrawal from Case of Dan Lovejoy (Robbins, Holly) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
14

Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 3/28/2008 re Approval Settlement. (Court Reporter Carla Bebault) (ds) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
15

ORDER CERTIFYING Settlement Classes defined in Consent Decree, GRANTING final approval of Consent Decree, APPROVING class counsel's application for attorneys' fees and costs, DISMISSING WITH PREJUDICE the Complaint. (Written Opinion). Signed by Judge Richard H. Kyle on 03/28/08. (rhks) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

RECAP
16

JUDGMENT (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(jam) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
17

NOTICE of Withdrawal as Attorney and Substitution of Counsel (Attachments: # 1 Certificate of Service)(Robbins, Holly) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and former Hispanic employees who have worked at Faribault, and all Hispanic applicants who applied at Faribault at any time on or after 9/14/2001 through 10/9/2007.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Faribault Foods Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $900,000

Order Duration: 2007 - 2010

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Utilize objective hiring/promotion criteria

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Testing

Discrimination-basis:

National origin discrimination

Race discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Hispanic