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Hamilton Growers to pay $500,000 to settle EEOC racial bias suit

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Hamilton Growers Inc., which does business as Southern Valley Fruit & Vegetable Inc., has agreed to pay $500,000 to settle a race and national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

The settlement resolves a 2011 lawsuit filed against Norman Park, Ga.-based Southern Valley for allegedly engaging in a pattern or practice of discrimination against American workers, the EEOC said in a statement Thursday.

In the suit, the EEOC alleged that Southern Valley violated Title VII of the Civil Rights Act of 1964 by firing “virtually all American workers” while few to none of the Mexican workers were terminated during the 2009, 2010 and 2011 growing seasons, according to the statement.

The agency alleged that 16 African-American workers in 2009 were fired based on race. During the summary termination of the employees, Southern Valley management officials made race-based comments, according to the lawsuit.

The EEOC also claimed that American workers were subjected to different terms and conditions of employment, such as delayed starting times and early stop times, according to the lawsuit, which was filed in the U.S. District Court For the Southern District of Georgia, Waycross division.

“This case brings to the forefront an issue that is increasingly affecting members of agricultural communities throughout the nation,” said Bernice William Kimbrough, district director in Atlanta for the EEOC, in the statement. “We will continue to focus our efforts to eradicate all forms of discrimination against the American work force.”

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“Employers must ensure that their employment practices are in line with anti-discrimination laws, especially in light of the globalization of the labor force,” said EEOC general counsel David Lopez in the statement.

Southern Valley agreed to pay $500,000 to 19 claimants who filed charges with the EEOC and other Americans workers harmed by the practices, the EEOC said in the statement.

In addition, Southern Valley agreed to exercise good faith in hiring and retaining qualified workers of American origin and African-American workers for all farm work positions and implement nondiscriminatory hiring measures, among others.

Hamilton Growers and Southern Valley “adamantly deny the allegations of discrimination and unlawful conduct raised in the case,” the company said in its official statement. “However, due to the significant costs involved in litigation of this nature, we were compelled to resolve the matter.”