Critical Civil Rights Issues Affecting

Migrant And Seasonal Farm Workers

Evangelina Fierro Hernandez
Senior Trial Attorney
San 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

sex
color pregnancy


race religion

national
origin
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

 A person is still
contributing after

age (40+)
Forms of Discrimination

Name-calling
Graffiti
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

 Latinafarm workers
 Sex harassment, retaliation

sex discrimination

 More than
$1,000,000 to the
class of workers
 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