Evangelina Fierro Hernandez Senior Trial Attorney San Francisco District Office 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 national origin
Title I- The Americans with Disabilities Act (ADA) All persons with disabilities are protected
The Equal Pay Act (EPA) EPA- The Math is simple: Equal work for equal pay, regardless of gender
The Age Discrimination in Employment Act (ADEA) A person is still contributing after
Forms of Discrimination
Sexual Harassment
Population in 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