Sexual harassment recently made headlines due to the Oscar buzz film "North Country" and closer to home, allegations of misconduct and hefty lawsuit settlements by several California wineries. Though the allegations were sexual in nature, legally define forms of general harassment are equally unlawful. Awareness and training is necessary at all tiers of wine production, including wineries, grapegrowers, vineyard management companies and farm labor contractors, so that both employers and employees are protected. When working with a primarily Spanish-speaking staff, the responsibility is even greater.

In two highly publicized wine industry cases, accusers were Hispanic women and spoke Spanish. In one of these cases, a group of Spanish-speaking women accused a vineyard crew supervisor of verbal abuse and sexual harassment. Though the court settlement prohibits anyone involved with the case from speaking about it, court filings claim the women frequently complained to higher-ups about the supervisor's behavior, but nothing was done to stop it. And they accused a farm labor contractor, later hired by the winery, as labeling them mujeres problematicas (problematic women). The women allege the title resulted in a poor reputation and the inability to find work.

Winery officials stated that the company responded to the women's allegations by promptly launching a thorough investigation, including interviewing numerous fieldworkers on the plaintiffs' crew, other employees, contract workers and field supervisors. The company maintained that no one had been discriminated against or denied their rights in any way. In a macabre twist, the offending supervisor was killed in an automobile accident. Ultimately, the case was settled out of court.

Harassment is defined as a form of discrimination based on race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age or sexual orientation. The Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing the Civil Rights Act of 1964 (also known as Title VII), defines sexual harassment as "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment."

Along with federal definitions, state enforcement may add to liability. In California, the California Fair Employment and Housing Act (FEHA) covers the law against sexual harassment. The California Fair Employment and Housing Commission (FEHC) is the agency charged with enforcing the FEHA. According to the FEHC, sexual harassment includes, but is not limited to: visual, verbal or physical harassment, which can happen in any language. Also, sexual harassment is not limited to men against women; it encompasses any gender combination.

Federal and state laws also dictate who is liable for proven misconduct, which can include the employer and personal liability for the manager who failed to take appropriate action. Depending on your state, even though operations may utilize farm labor contractors/vineyard management companies, the winery/grower management could also be liable for unwelcome situations, even though the individual is not a direct winery/grower employee.

Harassment training and issues in an office setting are easier to oversee, since the work environment is closer to human resources and management eyes and ears. But for production and vineyard workers, the chain of command and communication can be more difficult. "Workers are isolated, working in remote areas; in some cases access is only provided by the employer. Harassment is only seen by those involved, and not by upper management," states Mark S. Aniello, CEO/president of Environmental Compliance & Remediation, Inc. (ECR), an environmental, health and safety compliance consulting firm (ecrinc.com) that conducts bicultural/bilingual training programs.

"By providing bilingual company policies and access to complaint procedures outlined in Spanish, employers can avoid major liability," Aniello advises. Avoiding and preventing a hostile work environment altogether is the ultimate goal. Set and communicate a company policy of no tolerance for harassment in a context all employees understand.

Jo Blank, viticultural technician at V. Sattui Winery in Napa Valley, acknowledges, "A path of understanding helps to alleviate these situations. Understanding a culture helps to explain our policies." She ensures that all vineyard materials are in Spanish, and emphasizes the same for gender harassment situations. Blank also coordinates continuous Spanish language training programs to include annual comprehensive training, interactive training sessions and reminder training during harvest with seasonal workers. Though all vineyard materials are in Spanish, she is currently working to have all employee handbook materials translated into Spanish as well.

Dana Merrill, president of Mesa Vineyard Management agrees, "For all practical purposes, we are a Spanish speaking company, so all our employee handbooks, training materials and sessions are written and conducted in Spanish." Mesa provides two harassment training sessions per year to its employees, one mandatory training every January and a refresher course to include seasonal harvest employees. But Merrill acknowledges, "There is a need for more pro-active training from the federal and state government. It would be nice to see positive reinforcement training."

Aniello also advises that to avoid harassment situations employers and employees should "…always have respect, common decency and concern for all fellow employees." Communication and prepared company policy is key. Keep in mind that if an investigation is needed, it will be just that: an objective investigation, and does not necessarily mean culpability. If necessary, have a bilingual human resources, pre-designat ed staff member or outside consultant assist with translation.

To handle harassment complaints, Aniello suggests the following steps to protect your employees and your company:

• Act immediately and take the report seriously. Assure the person that the complaint or problem is being taken seriously, and the company will respond to the problem promptly.
• Listen and sympathize, but don't judge. Make no judgment or commitment regarding the allegations or the investigation. Assure the employee that the company takes harassment seriously and will not tolerate it.
• Do not delay. If you are not the person responsible for handling this type of claim, tell the complainant who is, and offer to contact that person for him/her. If the responsible person is not immediately available, tell the complainant that you will follow up ASAP, and then do it. A delay sends a message that the company is insensitive and doesn't really care.
• Respond to concerns. If the individual expresses concerns about reprisals, reassure her that everything possible will be done to ensure confidentiality (make no promises), stop the harassment and any retaliation and answer any questions about the complaint procedure.
• Thoroughly document the complaint. Write a detailed summary of what the complainant told you, including your observations of his demeanor and what he wants to do with the complaint.
• Always follow up with the complainant the next day, to make sure that she is getting the assistance she needs.

Within the wine industry--including vineyard management and farm labor contractors--harassment is an issue that legally must be addressed. But with proper planning and policies in place, legal woes can be avoided and both employee and employer are protected. Company management and human resources staffs need to work together to ensure that employee handbooks and company policy materials are bilingual if necessary; that proper training is conducted and reinforcement is emphasized. This will minimize liability and promote a safe and positive workplace environment, which leads to happy employees and quality production.

(Sandra Gonzalez publishes vinoconvida.com, a Web site dedicated to food, chefs, wine, restaurants and the arts celebrating Latin flavor. She also writes wine columns in English and Spanish for several Hispanic publications, including El Restaurante Mexicano, a publication for the Latin-cuisine restaurant trade. She may be contacted through edit@winesandvines.com.)