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October 13, 2017 CapitalPress.com 3 Fazio, WAFLA sued for sexual harassment, discrimination By DAN WHEAT Capital Press tion, WAFLA, headquartered in Lacey next to Olympia, was expanded by Fazio several years ago into the Northwest’s main provider of thousands of H-2A-visa foreign guestwork- ers, mainly to the tree fruit in- dustry. The lawsuit was fi led in early June by Dawn Dobbins, a former WAFLA employee, in Thurston County Superior Court in Olympia and was moved later that month to U.S. District Court in Tacoma. The lawsuit says Dobbins didn’t know, when she was hired by WAFLA as an ad- ministrative assistant, that “Fazio has a long history of unlawful, inappropriate and discriminatory behavior.” It was “especially egre- gious considering that WAF- LA provides human resources services to agricultural em- ployers and that Fazio holds himself out as an expert on the subject of employment practices,” the lawsuit states. “Fazio has a pattern and practice of treating female employees with contempt and ridicule,” the lawsuit states. It further said Fazio made racist comments, including that peo- ple with darker skin should be doing all the work, that Mexi- cans are fat and have diabetes because they drink Coke and that an Asian account execu- tive would do a good job for a customer because he’s Asian and therefore smart. Dobbins was promoted to human resources and offi ce manager in October 2016. Fazio would sit next to her, instead of across a table, in closed-door meetings and would “cause his legs to touch hers in a sexual and inappro- priate manner” and did it in a way others could not see, the lawsuit states. “Fazio repeatedly stared at Dobbins’ breasts in a sex- ual manner instead of looking her in the eyes,” the lawsuit states. When Dobbins stood up for a woman employee that Fazio didn’t like, he demot- ed her from human resources Oregon county’s aerial spray ban gets day in court By MATEUSZ PERKOWSKI Capital Press After careful consider- ation, EO Media Events, LLC and Capital Press hava made the diffi cult decision to cancel the 2018 Northwest Ag Show. EO Media Events, LLC acquired the Northwest Ag Show earlier this year. Based on feedback from long-time vendors, it became appar- ent that holding the show in North Portland presents chal- lenges that have hindered its success, particularly in re- gards to attendance. We apologize to our show vendors, partners, sponsors and attendees for any incon- venience that this decision will cause. Please know that this decision was not made lightly as we recognize the 48-year legacy of the North- west Ag Show and of Jim and Shirley Heater, the show’s founders, and Amy and Mike Patrick, the show’s long-time managers. The Heaters and Patricks have worked dili- gently over the years to make it the largest ag show in the Northwest. Our intent is to continue the tradition of a high quality, well-attended show as we look forward to 2019. We are evaluating the feedback and suggestions from vendors and the ag community to develop a new approach to the show to make it a better investment for ven- dors and for attendees. If you have suggestions and ideas about the show, contact us at events@eome- diagroup.com or call 800- 882-6789. Environmentalists have failed to prove that grazing along two rivers in Oregon’s Malheur National Forest un- lawfully harmed the threat- ened bull trout, according to a federal judge. U.S. Magistrate Judge Paul Papak has found that the U.S. Forest Service’s grazing authorizations along the Malheur and North Fork Malheur rivers haven’t vio- lated environmental laws. Papak has recommended dismissing a lawsuit fi led against the agency by the Oregon Natural Desert As- sociation and the Center for Biological Diversity. The environmental groups have until mid-Oc- tober to object to the rec- ommendation, which will ultimately be decided by U.S. District Judge Michael Mosman. The lawsuit was orig- inally filed 14 years ago but was revived earlier this year after the plaintiffs weren’t able to reach a set- tlement with ranchers and the federal government. Habitat degradation has caused bull trout popula- tions in the two rivers to dwindle to about 100 fish, which the environmental groups blamed on grazing. However, the U.S. Fish and Wildlife Service has concluded that grazing is unlikely to adversely affect bull trout or their habitat ORE. 26 Unity Prairie City BAKER 26 GRANT MALHEUR NATIONAL FOREST MALHEUR R. Capital Press cancels Northwest Ag Show Area in detail ur Rights, which intervened as a defendant in the case. “These concepts may seem radical or revolutionary to us now but these are concepts in our Constitution,” she said. Voters had a right to approve a ballot initiative that protects the environment and public from the “toxic trespass” of aeri- ally sprayed pesticides, accord- ing to ordinance proponents. Oregon lawmakers don’t have the ability to create an upper limit or “ceiling” that precludes stronger protective local standards for health and safety, they claim. Capital Press e Mal h “There is no opportunity for local government to adopt laws that are different than state laws” regarding pesticides, said Gregory Chaimov, the plain- tiff’s attorney. Supporters of the aerial spray ban countered that the county has an inherent “natu- ral right” to local community self-government that should be affi rmed by the judge. Under the Oregon Consti- tution, all power is inherent in the people, who may reform or abolish the government, said Ann Kneeland, attorney for Lincoln County Community By MATEUSZ PERKOWSKI N.F. Associated Press File A helicopter prepares to apply pesticides. Oral arguments in a case challenging a ban in Lincoln County, Ore., on aerial spraying. the executives in this letter and may release this letter to the press,” the memo states. A June 28, 2017, memo, again purportedly from “con- cerned staff,” alleges Fazio used H-2A visas for H-2B clients, that it was a com- mon practice at WAFLA to forge employers’ signatures. Further, that WAFLA issued incorrect advertisements, gave incorrect tax advice, gave legal advice on how to fi re H-2A employees and get them off workers compensa- tion prior to them returning to Mexico, and advice on how to falsify dates of need and get around regulations. The memo alleges Fazio instructed staff to delete emails that he did not want to be dis- coverable and alleges numer- ous other questionable actions. The memo says a majority of WAFLA board members resigned shortly after getting a letter regarding illegal be- havior of Fazio and two other WAFLA executives. Fazio told staff he would recruit new board members and it is appar- ent he controls WAFLA not the board nor members, the memo states. Bresler said one board member quit for unknown rea- sons, another for personal rea- sons and that two prospective board members decided not to join after reading the fi rst memo. Judge: Grazing not to blame for bull trout decline ur River M a l he NEWPORT, Ore. — Sup- porters of a prohibition against aerial pesticide spraying in Oregon’s Lincoln County are urging a judge to uphold the ordinance even though it’s pre-empted by state law. Lincoln County Community Rights, which supports the ban, argues that Oregon laws that pre-empt local governments from regulating pesticides are unconstitutional. The ordinance was approved by voters earlier this year but is being challenged in a lawsuit fi led by landowners Rex Capri and Wakefi eld Farms, who rely on aerial spraying. During oral arguments on Oct. 9, the plaintiffs asked Lincoln County Circuit Court Judge Sheryl Bachart to declare the ordinance invalid because a local government can’t over- rule Oregon law. Not only does the county lack the general authority to enact such an ordinance, but the prohibition is specifi cally barred by Oregon statutes gov- erning pesticides, forest prac- tices and the “right to farm,” according to plaintiffs. a discriminatory and hostile workplace for Dobbins, she fi led a charge with the Equal Employment Opportunity Commission and received a right-to-sue letter and on May 31, 2017, WAFLA fi red Dobbins. Dobbins refused to sign a separation agreement waiving her legal rights. The lawsuit alleges violation of state discrimination law, man- agement negligence, unlawful termination and seeks damag- es to be proven at trial. A jury trial is set for Nov. 26, 2018, in U.S. District Court. A June 14, 2017, memo to the WAFLA board purported- ly from “concerned WAFLA staff, names Fazio and two other top WAFLA offi cers as “engaging in illegal and poor management practices.” The memo alleges sexual harass- ment, discrimination against women, minorities and younger and older staff and disparate treatment and pay. It alleges Fazio tampered with an internal investigation about sexual harassment. High staff turnover result- ed in not enough qualifi ed people to keep the H-2A pro- gram running leading to fear WAFLA would lose clients, the memo states. “If these issues are not resolved in the near future, a large group of prior and cur- rent staff will likely seek legal action against WAFLA and Bull trout habitat HARNEY Juntura N 20 10 miles Alan Kenaga/Capital Press in the seven allotments in question, which encompass tens of thousands of acres. The environmen- tal plaintiffs nonetheless claimed grazing authoriza- tions violated the National Forest Management Act and Wild and Scenic Rivers Act. Ranchers affected by the lawsuit and the Forest Service argued the environ- mentalists were impermis- sibly attacking the agency’s entire grazing program — which can only be changed through statute or regula- tion — rather than specific agency actions. Though it was a “close question,” Papak nonethe- less decided against throw- ing out the case on these grounds. Even so, the judge re- jected the claim that live- stock grazing hadn’t met “riparian management ob- jectives,” which must be followed “at the watershed or landscape scale, rather than stream by stream.” While bull trout popu- lations in the region were found to be at risk, Papak said the plaintiffs “have not shown that the Forest Service’s decisions to au- thorize livestock grazing caused the decline of the bull trout population or its habitat in the allotments here.” According to the Fish and Wildlife Service, mul- tiple factors have like- ly contributed to the bull trout’s misfortune, includ- ing dam-building, logging, irrigation withdrawals and the introduction of brook trout, a non-native fish, the judge said. Papak also disagreed with the environmentalists’ claim that data collection about stream conditions was “so useless as to be equivalent to no data.” “The record here estab- lishes that the Forest Ser- vice reasonably monitored riparian conditions and an- alyzed the data collected,” he said. The judge also rejected arguments that grazing vi- olated the Wild and Scenic Rivers Act, noting that cattle are generally excluded from the river corridors with fenc- ing and steep terrain. LIVESTOCK & HORSE SPECIAL SECTION December 1st, 2017 Ad Space Deadline is rd. November 3 WE SPECIALIZE IN BULK BAGS! BAGS: • Seed Bags • Fertilizer Bags • Feed Bags • Potato Bags • Printed Bags • Plain Bags • Bulk Bags • Totes • Woven Polypropylene • Bopp • Polyethylene • Pocket Bags • Roll Stock & More! 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Contact Your Sales Rep Today or Call 800-882-6789. www.capitalpress.com ROP-40-4-1/HOU OLYMPIA — A lawsuit alleging sexual harassment, racist remarks and discrimi- natory behavior by Dan Fazio, director of the farm labor as- sociation WAFLA, and by WAFLA is pending in federal court. And memos to WAFLA board members purportedly from anonymous staff allege sexual harassment, discrimi- nation, retaliation against staff who complain and poor man- agement and illegal activities by several top staff resulting in dysfunction and high em- ployee turnover. Fazio told Capital Press he could not comment. “WAFLA vigorously dis- putes the allegations made by a former employee and looks forward to defending itself in court,” said Kim Bresler, WAFLA’s membership and communications director. Al- legations of illegal activity in the memos are “strongly and vehemently denied,” Bresler said. Several prospective WA- FLA board members decided not to come on the board be- cause of the fi rst memo, but the organization is function- ing and is not concerned about losing clients, she said. First known as the Wash- ington Farm Labor Associa- manager to entry-level ac- count executive, the lawsuit states. Dobbins fi led a formal complaint, pursuant to com- pany procedures, on Jan. 12, 2017, and was informed on Jan. 20 that it would not be investigated for another two months. Thereafter, she was subjected to humiliation and ridicule, the lawsuit states. George Zanatta, WAFLA chief operating offi cer, deliv- ered fi ndings on the complaint months after Dobbins sub- mitted it and while admitting some of Fazio’s behaviors were inexcusable attempted to discredit Dobbins and called upon her to apologize to Fazio for alleged inaccurate state- ments, the lawsuit states. According to the lawsuit the fi ndings recommended Dobbins be reassigned and given corrective measures and did not recommend any disci- pline for Fazio other than for him to apologize to Dobbins. The fi ndings did not con- sider allegations of offen- sive and demeaning conduct by Fazio in the separate and prior litigation of Mendoza v. WAFLA that have been known to WAFLA for years, the lawsuit states. WAFLA continues to “tolerate illegal, discriminatory behavior from Fazio,” the lawsuit states. According to the lawsuit, WAFLA and Fazio created