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Critical Civil Rights Issues Affecting Migrant And Seasonal Farm Workers
Evangelina Fierro HernandezEvangelina Fierro HernandezSenior Trial AttorneySenior Trial Attorney
San Francisco District OfficeSan Francisco District Office
EEO RELATED ISSUES
EEO Concerns Most Critical Issue Basis for Concern Lack of Complaints What the EEOC is
Doing To Encourage Complaints
Litigation
Title VII of the Civil Rights Act
sexpregnancy color
race
national origin
religion
Title I- The Americans with Disabilities Act (ADA)
All persons with disabilities are protected
The Equal Pay Act (EPA) - 1963
EPA- The Math is simple: Equal work for equal pay, regardless of gender
The Age Discrimination in Employment Act (ADEA)- 1967
age (40+)
A person is still contributing after
Forms of Discrimination
Name-calling
Graffi ti
Sexual Harassment
Population in Fields
Every year an estimated 500,000
women work in U.S. fields
ANECDOTAL EVIDENCE
Field de calzon or field of panties Stories of supervisors forcing themselves on
females in exchange for a position Green Motel
LACK OF COMPLAINTS
• Cultural• Language• Lack of Education• Shame/Embarrassment Over Traumatic
Event• Fear of Retaliation• Regulatory Process
Training on Working With Rape Victims
Gain Confidence of the Victim Specific questions related to sex harassment Cultural Use of translators Credibility Assessments
Ensuring Protection To Undocumented Workers
Don’t ask Don’t tell
Protective Orders
Improving the Regulatory Process
Budget Tracking of Files Assignment of Spanish
Speaking Investigator/Attorney
Prioritizing the Files
Outreach to the Community
Forming liaisons with consulates Forming partnerships with legal services and
community groups Spanish media Outreach materials
EEOC v. Harris Farms
Sexual harassment and retaliation case: Latina farm worker against supervisor
Jury awarded $994,000 to the farm worker
EEOC v. Rivera Vineyards
More than $1,000,000 to the class of workers
Latina farm workers Sex harassment, retaliation
sex discrimination
EEOC v. Tanimura and Antle
Latina farm workers
Sexual harassment and abuse
Settlement of $1,855,000
GRANTING ALL WORKERS AN EQUAL OPPORTUNITY TO WORK WITHOUT THE FEAR OF HARASSMENT