Georgia Farm Favored Foreign Workers Over American and African-American Workers, Federal Agency Charged
ATLANTA – J&R Baker Farms, located in Norman Park, Ga., will pay $205,000 to settle a national origin and race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
EEOC filed suit on Aug.28, 2014, alleging that Baker Farms violated Title VII of the Civil Rights Act of 1964 when it subjected American and African-American workers to disparate terms and conditions of employment based on their national origin and/or race, including segregated buses, segregated work crews, and differences in production standards, work assignments, and other conditions of work. The complaint further alleged since at least the fall of 2010, Baker Farms engaged in a pattern or practice of unlawfully terminating qualified American and/or African-American workers and replacing them with foreign-born workers.
Under the terms of the consent decree settling the case, Baker Farms will pay $205,000 to resolve the litigation which sought relief for 119 workers. In addition to awarding monetary relief, the consent decree requires Baker Farms to revise its hiring practices, offer equal opportunity training for employees, adopt and implement an anti-discrimination policy, and comply with reporting, monitoring, and notice posting provisions. The settlement also resolves claims brought by some of the individual workers who had intervened under 42 U.S.C. §1981 and under the Agricultural Workers Protection Act.
“Employers have an obligation to provide a fair workplace, without discriminating against workers because of a worker’s national origin or race,” said Bernice Williams-Kimbrough, director of EEOC’s Atlanta District Office.
“Discrimination claims can arise from simple denial of employment,” said Lynette Barnes, acting regional attorney for the Atlanta District Office. “They can also arise from a pattern or practice of rules, requirements, and policies that disadvantage certain workers because of their race or national origin.”
Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by EEOC’s Strategic Enforcement Plan.
EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
GLSP Note: The Farmworker Rights Division of Georgia Legal Services represented 19 U.S. workers who were the charging parties in this suit by the Equal Employment Opportunity Commission, as well as 7 similarly-situated class members. GLSP intervened on our clients’ behalf and added claims for violation of the Agricultural Worker Protection Act.