evangelina fierro hernandez senior trial attorney san francisco district office critical civil...

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