Farmworker paid $500,000 by labor contractor in settlement over sexual assault allegations.

A Salinas Valley farmworker complained of sexual assault and intimidation by a foreman, pressing her allegations far enough that a state agency brought a civil rights lawsuit against her employer, Dynapac Harvesting, in 2019.

Now that woman, whose identity remains confidential, will collect $500,000 from Dynapac as part of a settlement announced by the California Department of Fair Employment and Housing on Dec. 10. Dynapac will pay DFEH $250,000 for attorney fees.

According to the allegations, foreman Miguel Guzman Salazar, who is no longer with the company, terrorized Jane Doe for nearly two years. He allegedly threatened to fire her and then murder her if she would not submit to being raped. She tried to seek accountability through the company’s management, but Dynapac allegedly protected him, and she ended up losing her job.

The state civil rights lawsuit also claimed that Dynapac “had a pervasive culture of allowing harassment, discrimination and retaliation to occur.” Training materials were alleged to include “offensive memes” and to “[mock] the importance of anti-harassment measures.”

Dynapac did not admit to any wrongdoing as part of the settlement. “We were able to resolve the matter in mediation,” says Steve Tripp, a lawyer representing Dynapac and a partner firm, Pacific International Vegetable Marketing, also named in the lawsuit. “We wanted to avoid protracted litigation and we decided it was best to have the case settled. We always treat complaints, especially of this nature, seriously.”

In addition to the $750,000 payout, the settlement requires Dynapac to hire an outside, court-supervised monitor for three years to examine the company’s sexual harassment training and other relevant policies, and review employee harassment complaints.

“Farm laborers are particularly vulnerable to discrimination, harassment and retaliation,” Kevin Kish, director of DFEH, said in a statement. “DFEH is committed to eradicating such conduct.”