2. 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

3. EEO RELATED ISSUES EEO Concerns Most Critical Issue Basis for Concern Lack of Complaints What the EEOC is Doing To Encourage Complaints Litigation

4. Title VII of the Civil Rights Act national origin

5. Title I- The Americans with Disabilities Act (ADA) All persons with disabilities are protected

6. The Equal Pay Act (EPA) - 1963 EPA- The Math is simple: Equal work for equal pay, regardless of gender

7. The Age Discrimination in Employment Act (ADEA)- 1967 A person is still contributing after

8. Forms of Discrimination

9. Sexual Harassment

10. Population in Fields

11. ANECDOTAL EVIDENCE Field de calzon or field of panties Stories of supervisors forcing themselves on females in exchange for a position Green Motel

12. LACK OF COMPLAINTS Cultural Language Lack of Education Shame/Embarrassment Over Traumatic Event Fear of Retaliation Regulatory Process

13. Training on Working With Rape Victims Gain Confidence of the Victim Specific questions related to sex harassment Cultural Use of translators Credibility Assessments

14. Ensuring Protection To Undocumented Workers Don’t ask Don’t tell Protective Orders

15. Improving the Regulatory Process Budget Tracking of Files Assignment of Spanish Speaking Investigator/Attorney Prioritizing the Files

16. Outreach to the Community Forming liaisons with consulates Forming partnerships with legal services and community groups Spanish media Outreach materials

17. EEOC v. Harris Farms Sexual harassment and retaliation case: Latina farm worker against supervisor Jury awarded $994,000 to the farm worker

18. EEOC v. Rivera Vineyards More than $1,000,000 to the class of workers Latina farm workers Sex harassment, retaliation sex discrimination

19. EEOC v. Tanimura and Antle Latina farm workers Sexual harassment and abuse Settlement of $1,855,000

20. GRANTING ALL WORKERS AN EQUAL OPPORTUNITY TO WORK WITHOUT THE FEAR OF HARASSMENT