Migrant farm laborers are absolutely vital to the economy, helping to make California’s agriculture industry one of the strongest in the nation. Production in 2021 totaled over $51 billion in revenue, according to the California Department of Food and Agriculture. Yet, the conditions many of these laborers work in are extremely difficult. Hours and labor aside, many migrant farm workers–most of whom are undocumented immigrants–are vulnerable to abuse and exploitation.
One such form of abuse that these workers routinely face is sexual abuse by supervisors or foremen. Foremen, who are in positions of power and authority over these laborers, may use their positions to sexually abuse and exploit them. This can take many forms, such as physical assault, coercion, threats, and intimidation. Worse yet, many migrant farm laborers are often afraid to speak out about the abuse they suffer because they fear retaliation, deportation, or losing their jobs.
Don’t Suffer Abuse Alone, Contact Maison Law For a Free Consultation
At Maison Law, we stand firm in our belief that every worker deserves fair treatment by their employer. Migrant farm laborers are the backbone of the agriculture industry, and when their rights are violated, employers need to be held accountable. No matter what their status is, migrant farm laborers have the protection of the law in California, and our team of experienced employment lawyers will be there to stand up for your rights. Contact us today for a free consultation to learn more.
Migrant Farm Laborers and Sexual Abuse in California
Due to a variety of factors, it’s extremely difficult to understand the scope of sexual abuse against migrant farm laborers by their foremen. While the issue disproportionately affects female farm laborers, it can happen to males also. That said, with over 31% of farm laborers being female, the opportunity for incidents of sexual abuse by their superiors is much more common. In order to better understand this issue, it may be helpful to define the conditions that lead to sexual abuse, and what this abuse usually looks like for these workers
Sexual abuse is defined as:
- Unwanted sexual activity or behavior that is imposed upon a person without their consent.
Unfortunately, migrant farm laborers in particular are extremely vulnerable to sexual abuse due to their socioeconomic status, language barriers, and lack of citizenship. Compounding the issue is the fact that sexual abuse can take many forms, including:
- Physical assault
- Unwanted touching
- Quid pro quo sexual harassment, or sexual favors offered in exchange for a job-related benefit
- Sexual comments or gestures
- Threats or intimidation
Migrant farm laborers in California also frequently face retaliation, job loss, or deportation if they report the abuse or refuse the advances of their supervisors or employers. This only adds to the stigma of the issue and makes it more difficult for victims to come forward. Still, the fact of the matter is that every worker in California has a legal right to a workplace free of sexual abuse, harassment, and exploitation. Thus, it’s important for victims of this abuse to understand what the law is and how it applies to their particular situations.
California Law and Sexual Abuse of Migrant Farm Laborers
Despite their citizenship status, migrant farm laborers have the same legal protections regarding workplace sexual harassment and abuse as any other worker in California.
Specifically, the California Fair Employment and Housing Act (FEHA) has anti-discrimination and anti-harassment provisions that apply to sexual abuse by foremen (or any other worker). The FEHA applies to all employers in California, regardless of the size of the company, and prohibits discrimination and harassment based on several protected categories, including:
- Sex
- Race
- Religion
- National origin
- Disability
- Sexual orientation
When migrant farm laborers are experiencing sexual abuse or harassment, they also have another legal protection, the Whistleblower Protection Act (WPA). Under the WPA, employees who report violations of law, including sexual abuse, in the workplace are protected from retaliation by their employer. Retaliation in these situations can take many forms, but usually includes:
- Termination
- Demotion
- Reduction in pay or hours
- Harassment
- Intimidation
- Threats of deportation
Not only do these laws protect migrant farm laborers from sexual abuse, but it also provides legal avenues for victims to seek justice and protection.
Legal Options For California Migrant Farm Laborers After Sexual Abuse
Sexual abuse, no matter the circumstances, is an extreme violation of the law. Not only does this carry civil penalties for employers, but it also frequently results in criminal charges against the person that is sexually abusing other workers. In the context of sexual abuse against a migrant farm laborer in California, there are several options these workers have if they are indeed being sexually abused or harassed by their supervisor or foreman. These options include filing a claim for damages, either through an administrative complaint, civil lawsuit, or criminal charge.
Generally, the process for pursuing a claim for sexual abuse involves the following steps:
- Reporting the incident – The first step is to report the incident of sexual abuse to law enforcement or the government agency responsible for enforcing workplace laws, such as the California Department of Fair Employment and Housing (DFEH), the California Division of Labor Standards Enforcement (DLSE), or the Equal Employment Opportunity Commission (EEOC). The victim can also report the incident to the employer’s HR department or a lawyer.
- Participating in an investigation – As a sexual abuse victim, you may be required to participate in an investigation conducted by law enforcement or government agencies. Once the claim is filed with the administrative agency, they will perform an investigation which can include taking your statement and examining any evidence you have collected up to that point. Then, they may perform an inspection of the workplace and interview key personnel. It’s important to remain patient, as these agencies are very thorough in their investigations.
- Documenting evidence – It is important to document any evidence of sexual abuse, including any physical injuries, witness statements, and any relevant photographs or videos.
- Seeking medical attention – If you have sustained any injuries as a result of the sexual abuse, you should seek medical attention as soon as possible. This will also provide a medical record of any sexual abuse and can be used as evidence in your claim.
- Filing a lawsuit – Once the administrative portion of the investigation is concluded, you may then be able to file a lawsuit against the foreman and the employer for the sexual abuse. Doing so should only be done after consulting with our team of experienced California employment lawyers. We can provide you with an overview of your rights and options and can guide you through the process. Filing a civil lawsuit will allow you to recover damages, which typically include the following in these types of claims:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages
- Pursuing criminal charges – Depending on the severity of the sexual abuse, you could also choose to pursue criminal charges against the foreman. If the investigation yields sufficient evidence, a prosecutor may file charges against the foreman. The charges may include rape, sexual assault, sexual battery, or other related crimes. You could also be provided with restitution by a judge, in certain cases.
Obviously, there are a number of options for migrant farm laborers that have been victimized by their foremen. At the same time, many of these laborers lack the resources and necessary support that it takes to stand up to their employers. Even in cases of sexual abuse, which are among the most serious issues a worker can face, it’s important to have an experienced, dedicated legal team on your side to provide you with this support and validation.
Dedication and Support From California Employment Lawyers
No employee or worker in California, regardless of their status, deserves to be treated poorly by their employer. Unfortunately, migrant farm laborers in California frequently experience mistreatment. Sometimes, this rises to the level of criminal, especially when sexual abuse happens.
In these situations, these workers can turn to Maison Law for dedication and support. Our team of experienced California employment lawyers strives to give every client a tailored approach to their case and provide them with not just legal but emotional support and validation that’s needed to stand up to injustice. To learn more about how we can help, contact us for a free consultation.
