Global's Response to the Court Order issued March 27, 2008, by the United States District
Court in Yakima, Washington, in the case of Perez-Farias v. Global Horizons, case number CV-05-3061.
Global is very pleased to have been vindicated today by the Court, which found no
evidence to support the workers' claims of racial discrimination. The Court held: "there
was no evidence that Global favored non-Hispanic local workers in the hiring and firing
process... the Court reviewed this evidence and concludes that race was not a motivating or
substantial factor in the hiring and firing decisions of the Global Defendants." The
Court, therefore, dismissed all claims of racial discrimination against the Grower
Defendants based on the alleged discriminatory acts of Global. Notwithstanding its own
findings, however, the Court declined to disturb the previous jury verdict that found
Global liable for racial discrimination and assessed punitive damages arising there from.
For two years, Global has defended itself against the loud and well orchestrated voices
of legal services organizations and other ideologues who have tried to scandalize and
limit the rights of employers to lawfully terminate poorly performing workers with these
baseless claims of racial discrimination. If these organizations have their way, and
force employers to keep unproductive workers, it will ultimately eliminate work
opportunities for productive workers and drive these jobs over-seas.
Global was disappointed that the Court simply excused the admittedly deliberate and
calculated failure of the workers' attorneys to issue the mandatory opt-out notices to
absent class members, denying them their constitutional right to written notice and an
opportunity to decline to participate in this litigation.
Further, the Court refused to disturb the jury's award of damages for emotional distress
caused by the alleged racial discrimination, despite the Court's own finding that no such
discrimination occurred to begin with. In finding that Plaintiffs met their burden to
prove severe emotional distress, the Court cited the testimony of one of the class
representatives who applied for a job with Global, but was not called to report for work.
Specifically, this worker testified that: "not being called to work did not feel good."
Remarkably, this lone statement was accepted by the Court as evidence of severe
emotional distress.
Lastly, Global was also surprised to read that despite the class representatives' failure
to prove they were legally permitted to work in this country, rather than just being
legally in the country, the Court nevertheless reaffirmed the award in their favor.
This ruling pertains primarily to the three class representatives and their eligibility
for damages. The Court did however hold that "any class member that seeks to prove
damages at a later proceeding will have to show that they are qualified to work. An
illegal alien is not qualified to work under the clearance order." Global is pleased
that the Court is upholding the rule of law in this matter.
Global wishes to congratulate the two Grower Defendants on being wholly vindicated on the
discrimination claim. Global is evaluating and considering the possibility of an appeal
from these rulings.