FOR IMMEDIATE RELEASE CONTACT: Sally Feser 909-985-8190

June 1, 2004 or Lesa Donnelly 530-209-1959

U.S. FOREST SERVICE FEMALE FIREFIGHTERS IN CALIFORNIA FILE SEXUAL HARASSMENT CLASS ACTION COMPLAINT AGAINST USDA SECRETARY

A group of female firefighters in California who work for the U.S. Forest Service have filed a class action complaint against Secretary of Agriculture Ann Veneman. The complaint alleges that female firefighters in California (Region 5) have been subjected to unwelcome sexual and sex-based conduct in the work environment. These working conditions have been severe and pervasive in the Region 5 organization, have interfered with the firefighters’ ability to perform their jobs and/or promote, and have created an environment that is intimidating, hostile and offensive.

In 1995, a sexual harassment, hostile environment and reprisal class action lawsuit was filed on behalf of approximately 6000 Forest Service women in California, Region Five. The lawsuit is known as Donnelly v. Veneman. A Settlement Agreement was implemented January 2002.

In 2003, Minami, Lew & Tamaki, class counsel for Donnelly v. Veneman filed a Motion for Contempt in federal court against United States Department of Agriculture (USDA) Secretary Ann Veneman due to the Agency’s failure to implement the Settlement Agreement. Judge D. Lowell Jensen of the Oakland Federal Court denied the Contempt but took sanctions against the Agency by adding a full year to the Settlement Agreement term.

Since the 2002 implementation of the Settlement Agreement, female employees have been sexually assaulted, physically assaulted, stalked, threatened and retaliated against for making complaints of sexual harassment and sex-based harassment. The Agency has taken little-to-no action against the perpetrators, yet women are being disciplined and fired for making complaints.

The Female firefighter class complaint consists of 9 class agents representing forests from all over California. Complaints range from sexual assault and physical assault in the workplace to unequal treatment in terms of hiring, training and promotions.

Lesa Donnelly, lead class agent for Donnelly v. Veneman and Vice-President of the USDA Coalition of Minority Employees (The Coalition) stated, “Failure to implement the Donnelly Settlement Agreement has resulted in continued acts of sexual harassment, workplace violence and reprisal against the women. We bring these incidents to the attention of Region 5 management and their efforts are limited to discrediting the complainants and cover-up of the incidents. As I see it, the female firefighters had no choice but to file their own sexual harassment class. The judge overseeing Donnelly v. Veneman has not acknowledged the Donnelly class attorneys’ motions showing failure to implement, and the so-called Monitoring Council is not doing their job properly. In fact, the female firefighters requested help from the Monitoring Council over a year ago and the Monitoring Council ignored their request.”

The Female Firefighter class complaint was administratively accepted by USDA and sent to EEOC with a request for dismissal on May 13, 2004. The firefighters plan on filing the complaint in federal court in August, 2004.

The lead Class Agent is Kathleen Opliger, San Bernardino National Forest. She has been a California firefighter for over 15 years. She is on the Honor Guard that travels to memorials for fallen firefighters and police officers. Ms. Opliger participated in the 9-11 Memorial ceremony and was also asked to be present last year when President Bush signed into law the Healthy Forests Initiative. “We women firefighters are highly trained professionals and we take pride in doing our jobs well. We only ask that we be allowed to perform our jobs in a safe and positive environment and have the same opportunities as our male coworkers. That is not happening in the Region 5 firefighter organization.”

The Coalition has announced its concerns regarding continual violations of employee rights, sexism, racism, and reprisal at the U.S. Forest Service in California, Region Five. Female employees and others continue to suffer by virtue of a dysfunctional civil rights process, and continued abuse and reprisal from management officials and the Office of General Council.

Lawrence Lucas, Coalition President said, “The blatant discrimination in USDA and especially the Forest Service is allowing wide-spread abuse of women and others in California. We thought the Donnelly Settlement would have a positive impact but the Forest Service refuses to implement it and USDA refuses to hold managers accountable. It was only a matter of time before another class action was filed on behalf of the women. California is a microcosm of the same attitudes and actions occurring in USDA around the nation.”

Sally Feser, attorney for the class stated, “Millions of taxpayer dollars that would better serve the public are wasted on these human resource issues and individual and class action complaints and lawsuits such as Donnelly v. Veneman and now Opliger v. Veneman. We asked the Forest Service to come to the table and discuss the issues, to mediate the class complaint before we filed it formally. The Agency ignored our request just as they did in the initial stages of the Donnelly v. Veneman class complaint back in 1994. They don’t seem to learn.”

It is planned for Opliger v. Veneman to be filed in Federal District Court, Oakland, California in August, 2004.