Atlantic Capes Fisheries Responds to Unsubstantiated Allegations in EEOC Lawsuit

FALL RIVER, Mass., Sept. 29, 2017 -- Atlantic Capes Fisheries, Inc. (ACF) disputes allegations made Wednesday by the US Equal Employment Opportunity Commission (EEOC) in a late-evening press release, claiming that ACF maintained a hostile work environment, or that it failed to investigate and remedy sexual harassment complaints when raised by employees of ACF and employees of its subcontractor BJ’s Service Company, Inc. (BJ’s).

ACF’s Fall River, Massachusetts facility originated from the firm’s purchase of IQF Custom Packing, Inc.’s operating and fully staffed processing plant (IQF) in 2013.  ACF acquired IQF, which included inheriting and overseeing the facility that used a subcontracted workforce supplied by BJ’s, many of whom had worked at the facility for more than a decade prior to ACF’s acquisition. ACF’s Fall River facility processes and packs Atlantic sea scallops, providing meaningful and valuable employment to over 100 people, and high-quality seafood to consumers. ACF is, and always has been, an equal opportunity employer, and is committed to the cultivation and maintenance of a positive workplace environment.

After being first notified of allegations in December 2015, the record reflects that ACF actively investigated all sexual harassment claims as soon as they were raised. Additionally, ACF responded appropriately to the findings of those investigations, consistent with Title VII of the Civil Rights Act of 1964, including implementing and/or improving human resource policies and practices, and requiring the same of its subcontractor, BJ’s.  ACF also went ‘above and beyond’ by providing even contracted workers with tenure at the facility, paid vacation, and holidays, which was not required by law, but was an action ACF took to show appreciation to its longtime workers, including its contracted staff.

The EEOC states that it filed suit in U.S. District Court for the District of Massachusetts (EEOC v. Atlantic Capes Fisheries, Inc. and BJ’s Service Co., Inc., Civil Action No. 1:17-cv-11860) after first attempting to reach a pre-litigation settlement through its conciliation process.  In fact, the pre-litigation conciliation negotiations broke down because the EEOC made demands that ACF viewed as excessive, and which ACF could not accept while also maintaining its fiduciary responsibilities.

Some of the EEOC claims predate ACF’s acquisition of IQF.

ACF protests EEOC’s blatant attempt to try this case in the ‘court of public opinion’ by issuing a press release, with broad-brush aspersions of ACF’s workplace environment, after business hours and before even advising ACF of its decision to file suit. ACF could not respond to press inquiries about allegations in a lawsuit it had not yet seen.  ACF considers the EEOC’s actions to be contemptuous of the constitutional presumption of innocence, but trusts that responsible journalists and members of the public will reserve judgment until ACF is given the opportunity to address these unsubstantiated allegations in the appropriate forum.

BJ’s Service Company, Inc. is unrelated to BJ’s Wholesale Club.

Attachments:

A photo accompanying this announcement is available at http://www.globenewswire.com/NewsRoom/AttachmentNg/86002282-ce44-4f8d-943c-fbfc68a17f77

Robert Vanasse
Atlantic Capes Fisheries
202-333-2628
[email protected]