Lee B. Warren Labor and Employment Law Blog on Lawyers.com

EEOC settles with produce company over discrimination against American workers

Tuesday, December 18, 2012 by Lee B. Warren

Photo of Lee B. Warren


Hamilton Growers
is paying $500,000 to settle a discrimination suit brought by the Equal
Employment Opportunity Commission. The EEOC alleged that Hamilton
Growers had fired all most of its American workers during 2009, 2010, and 2011
and retained its Mexican workers at the same time.  The Commission alleged that Hamilton Growers also
required its American employees to start later and stop working earlier than
its Mexican employees.  The Commission also alleged that Hamilton Growers had singled out its African-American employees for less favorable treatment.



Title VII of the Civil Rights Act of 1964 prohibits
workplace discrimination based on national origin—in other words, the country
where the employee comes from.  The Hamilton Growers case is a great
illustration of the fact that Title VII doesn’t just protect minorities or
traditionally disadvantaged groups.  “National origin” includes the United
States just like it includes Ethiopia, China, Australia, and Chile.

When someone is terminated based on their national origin,
that’s discrimination.  But as the Hamilton Growers case shows,
discrimination can also include different treatment regarding the hours employees
can work.  It also includes compensation, transfers, promotions, layoffs,
severance pay, recruiting, training, disability leave, harassment, retaliation
against people who complain about discrimination, and many other terms of
employment.  Finally, the case illustrates that one workplace can potentially discriminate on more than one basis.

Title VII also prohibits discrimination based on race,
gender, ethnicity, and religion.  If you think you may have been the
victim of workplace discrimination, please call us to schedule
a consultation.



 
Posted at 13:02 PM
Topic: Labor and Employment
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