Combating Sexual Harassment: A Closer Look at Protections for Farmworkers in 2024

by | May 28, 2024 | Discrimination, Harassment & Assault

sexual harassment protections from farm workers

Introduction

Sexual harassment in the agricultural sector remains a significant and often underreported issue, affecting the well-being and safety of countless farmworkers. This vulnerable group, many of whom are women and immigrants, face unique challenges that can exacerbate the prevalence and impact of harassment. Despite legal protections, the remote and isolated nature of farmwork, combined with language barriers and fear of retaliation, often leaves victims without the support and resources they need. Addressing sexual harassment in this sector is crucial not only for the protection and dignity of farmworkers but also for fostering a safe and respectful work environment that can improve productivity and community relations.

The purpose of this blog is to educate and inform about the protections available against sexual harassment in 2024. As an employment law firm based in central California, we are committed to providing up-to-date information on federal and state laws, recent legal developments, and practical steps to report and handle harassment. By highlighting these protections and resources, we aim to empower farmworkers to stand up against harassment, guide employers in creating safer workplaces, and support advocates in their efforts to promote justice and equality in the agricultural sector.

Understanding Sexual Harassment in the Agricultural Sector

Sexual harassment is defined as any unwelcome behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment. In the agricultural sector, this can take various forms, including: 

  • unwelcome sexual advances
  • inappropriate touching
  • suggestive comments, and
  • demands for sexual favors in exchange for job security or benefits.

The isolated and transient nature of farm work often exacerbates these issues, making it difficult for victims to report incidents and seek help. Understanding these dynamics is essential for addressing the problem and providing the necessary support to farmworkers who face these challenges.

Sexual harassment among farmworkers in central California is a pervasive issue, often exacerbated by the vulnerable and isolated nature of their work. According to a study by the UC Merced Center, farmworkers face significant challenges, including high rates of harassment. The study revealed that many farmworkers, particularly women, experience various forms of harassment, ranging from inappropriate comments to physical assault. For instance, nearly 80% of female farmworkers in California have reported experiencing sexual harassment during their employment​ (EEOC)​​ (KCBX)​.

Case studies further highlight the severity of this issue. A notable example is the case of two Central Coast farmworkers who won a $1 million settlement after a jury found that they were subjected to verbal and physical harassment, including rape, by their supervisors​ (KQED)​. Such cases underscore the urgent need for effective legal protections and reporting mechanisms to support farmworkers. Despite federal and state laws designed to protect workers, fear of retaliation and deportation often prevents farmworkers, especially undocumented ones, from reporting harassment​ (Farmworker Justice)​​. Addressing these barriers is crucial for ensuring the safety and dignity of farmworkers in central California.

 

    Seek Legal Action

    Legal counsel can help you understand your rights, available options, and advise you on gathering the necessary documents and witnesses to support your claim.

    Since 2001, the attorneys from Rothschild & Alwill, APC have dedicated themselves to workers needing legal assistance. Our experienced labor and employment lawyers can advise you on any potential legal claims. You deserve sound judgment, hard work, skilled representation, and to be treated with dignity during every step of the process.

    Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.

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    Legal Protections for Farmworkers

    California State Laws

    California Fair Employment and Housing Act (FEHA) is a critical piece of legislation that provides robust protections against employment discrimination, including sexual harassment, for all employees in California, including farmworkers. Under FEHA, it is unlawful for employers to harass any employee based on sex, gender, or any other protected characteristic. This law mandates that employers take reasonable steps to prevent and promptly correct discriminatory and harassing behavior in the workplace. Farmworkers, often isolated and vulnerable, benefit significantly from the protections afforded by FEHA, which includes the right to file complaints with the Civil Rights Department of California and seek remedies through civil litigation.

    SB 1087

    This bill strengthens farm worker protections by making changes to existing law and mandating sexual harassment prevention. It also requires the FLC written examination to include protection from sexual harassment in the workplace.

    SB 1343

    This bill requires employers to provide sexual harassment training to employees within 30 calendar days after the hire date or within 100 hours worked, whichever comes first. Employees must also attend refresher training sessions at two-year intervals, and employees in supervisory positions are required to attend two-hour-long sessions.

    For more detailed information on these laws and developments, please refer to the official California Civil Rights Department website and recent publications by legal advocacy groups such as Farmworker Justice and the Equal Employment Opportunity Commission (EEOC).

    Steps for Farmworkers to Report Harassment

    Internal Reporting:

    Document the Incident: Keep a detailed record of the harassment, including dates, times, locations, and any witnesses.

    Report to a Supervisor or Manager: Notify a trusted supervisor or manager about the harassment. If the harasser is a supervisor, report to another higher-level manager.

    Human Resources: Submit a formal complaint to the Human Resources (HR) department. Provide all documentation and any evidence related to the harassment.

     Follow-Up: Ensure that HR or the management takes appropriate action. If no action is taken, document this as well.

    External Reporting:

    Equal Employment Opportunity Commission (EEOC): File a complaint with the EEOC if internal reporting does not resolve the issue. The EEOC investigates claims of workplace harassment and can provide legal recourse.

    Contact Information: Call the EEOC at 1-800-669-4000 or visit the EEOC website to file a complaint online.

    California Department of Fair Employment and Housing (DFEH): File a complaint with the DFEH, which enforces California’s civil rights laws.

    Contact Information: Call DFEH at 1-800-884-1684 or visit the DFEH website to file a complaint online.

    Role of Human Resources and External Bodies like the EEOC

    Human Resources (HR): HR departments are responsible for creating a safe work environment, implementing anti-harassment policies, and investigating complaints. HR should take immediate and appropriate action upon receiving a harassment report, maintaining confidentiality and protecting the victim from retaliation.

    EEOC: The EEOC is a federal agency that enforces laws against workplace discrimination, including sexual harassment. It investigates complaints, can mediate settlements, and has the authority to file lawsuits against employers on behalf of victims. 

    Legal Aid and Advocacy Groups Specializing in Farmworker Rights

    Migrant Clinicians Network (MCN): Supports farmworkers with healthcare and legal issues, including harassment. Visit MCN for resources and assistance.

    Rothschild & Alwill, APC: Employment attorneys in Bakersfield and Santa Barbara who specialize in employment and harassment cases. Se habla Español.

    By understanding these steps and utilizing available resources, farmworkers can effectively report harassment and seek the support they need to ensure a safe and respectful work environment. 

    Conclusion

    Now is the time to take action. Farmworkers experiencing harassment should utilize the outlined reporting mechanisms and reach out to supportive organizations for help. Employers must prioritize creating a safe and respectful work environment by implementing comprehensive anti-harassment policies and ensuring thorough training for all employees. Advocates and community organizations should continue their efforts to raise awareness, provide education, and support farmworkers in their fight against harassment. Together, we can ensure a safer and more dignified workplace for farmworkers, fostering a culture of respect and equality in the agricultural sector.

    For further legal consultation, you can schedule a consultation with the experienced employment attorneys at Rothschild & Alwill, APC. We can advise you on how to make the best of navigating homeliness and employment. Email us or call our office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.