Five National Food Corp.egg farm workers have received $650,000 to settle a sexual harassment and retaliation lawsuit filed on their behalf by the U.S. Equal Employment Opportunity Commission. However, no criminal charges have been filed.
In settling the case, the company denied any wrongdoing. Larry Wippert Jr., the supervisor accused of harassing female workers in Adams County, Wash., was fired from the company in 2011, but was not charged criminally.
Adams County Prosecuting Attorney Randy Flyckt, whose office reviewed the allegations, declined to file criminal charges. "He said, she said" cases without witnesses or evidence are difficult to prosecute, Flyckt told the Center for Investigative Reporting.
"We have to be able to prove it," he said. "It comes down to, is there evidence to prove the case?"
More than two dozen workers met with Wippert's supervisor, Scott Vessel, in 2009 to complain about working conditions at the farm, including sexual harassment. In 2010, five workers who had attended the meeting lost their jobs. They alleged in the civil case that the company fired them in retaliation for reporting the sexual assaults and harassment.
Wippert, for his part, told an investigator that he fired the "problem employees" on Vessel's instructions. In court filings, National Food said it terminated the workers for "performance-based reasons." After the federal commission began investigating National Food in 2010, the company sent a private investigator to offer compensation to some of the workers who had lodged complaints. Two female employees received undisclosed sums after they agreed not to participate in any suits against the company, according to copies of the agreements, according to the Center for Investigative Reporting.
The company denied the commission's sexual harassment and retaliation allegations in court filings. In settling the civil case with the government, National Food agreed to change its complaint procedures, institute sexual harassment training, issue a letter of apology to the claimants and not rehire Wippert.
In settling the case, the company denied any wrongdoing. Larry Wippert Jr., the supervisor accused of harassing female workers in Adams County, Wash., was fired from the company in 2011, but was not charged criminally.
Adams County Prosecuting Attorney Randy Flyckt, whose office reviewed the allegations, declined to file criminal charges. "He said, she said" cases without witnesses or evidence are difficult to prosecute, Flyckt told the Center for Investigative Reporting.
"We have to be able to prove it," he said. "It comes down to, is there evidence to prove the case?"
More than two dozen workers met with Wippert's supervisor, Scott Vessel, in 2009 to complain about working conditions at the farm, including sexual harassment. In 2010, five workers who had attended the meeting lost their jobs. They alleged in the civil case that the company fired them in retaliation for reporting the sexual assaults and harassment.
Wippert, for his part, told an investigator that he fired the "problem employees" on Vessel's instructions. In court filings, National Food said it terminated the workers for "performance-based reasons." After the federal commission began investigating National Food in 2010, the company sent a private investigator to offer compensation to some of the workers who had lodged complaints. Two female employees received undisclosed sums after they agreed not to participate in any suits against the company, according to copies of the agreements, according to the Center for Investigative Reporting.
The company denied the commission's sexual harassment and retaliation allegations in court filings. In settling the civil case with the government, National Food agreed to change its complaint procedures, institute sexual harassment training, issue a letter of apology to the claimants and not rehire Wippert.
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