EEOC Presentation

EEOC Presentation David Ditman SOC/315 November 7, 2011 Anne Tindall

EEOC Presentation In the recent press release by EEOC was that Hamilton Growers were sued by EEOC for discrimination against American workers, this is because it was said that the organization

preferred Mexican workers over American workers. So the federal agency charged a compliance issue which directed to the lawsuit and its consequences for the organization. Hamilton Growers, Inc., have been doing business as Southern Valley Fruit and Vegetable, Inc., recently subjected American workers to discrimination and the Equal Employment Opportunity Commission charged them in a lawsuit filed lately. According to the EEOCs lawsuit, the organization were involved in a pattern or repetition of firing almost all American workers while getting workers from Mexico during the 2009 and 2010 growing seasons. The agency also claims that the employer fired at least 16 African American workers in 2009 based on race and/or national origin when their termination was joined with race-based comments by a management official. The lawsuit also claims the employer provided less significant job openings to American workers, which caused in their grossing less in pay than their Mexican colleagues, and put American workers to dissimilar terms and conditions of employment, including less necessary job tasks. This case is important because the main functions of the EEOC are their responsibilities for equal opportunities for everyone in the workplace. The U.S. Equal Employment Opportunity Commission are accountable for implementing federal laws that make it illegal to discriminate against a job applicant or an employee because of the individual's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws. Most labor

EEOC Presentation unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. ("Hamilton Growers Sued By Eeoc For Discrimination Against American Workers", 2011). The EEOCs role in this lawsuit is that they have the power to examine concerns of

discrimination against companies who are protected by the law. Their part in this examination is to justly and precisely evaluate the claims that are being charge and then conclude a result. Since EECO did discover that discrimination had occurred, their role was to try to settle the charge. Since this was effective, they have the right to file a lawsuit to care for the civil rights of people and the welfare of the community due to the discrimination that was taken placed. This lawsuit does promote social change; this is because of Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees on the basis of national origin and race. According to "Hamilton Growers Sued By Eeoc For Discrimination Against American Workers" (2011), The EEOC filed suit (Civil Action No., 7:11-CV-00134-HL) in U.S. District Court for the Middle District of Georgia after first attempting to reach a pre-litigation settlement through its resolution process. The EEOC was pursuing back pay, to offset counterbalance, and correcting the harmful effect on the 19 individuals who filed charges with the agency and for other American workers affected by the practices. The agency also went for injunctive relief intended to halt the bias and inhibit it from happening again with the company. Because the EEOC has reason to believe that the practices assumed in the lawsuit are fairly common in the industry, The EEOC is dedicated to defending American workers from subjective firings and unequal treatment due to national origin. With this press release from EEOC there are also many news articles that were released with information on this case. One article I found was from The Atlanta Journal-Constitution EEOC

EEOC Presentation sues South Georgia farm, alleges discrimination against U.S. workers by Jeremy Redmon. This article states the federal Equal Employment Opportunity Commission sued South Georgia vegetable farm in federal court, claiming it discriminated against U.S. workers and fired them in favor of Mexican guest workers. When comparing both the press release from EECOs website and this news article there they both state the reason for the lawsuit in stating that Hamilton Growers/Southern Valley Fruit and Vegetable Inc. fired white Americans and also fired black American workers because of their race and national origin. The EEOC filed suit after releasing a conclusion in July that says the Norman Park-based farm were involved with a "pattern or practice of regularly denying work hours and assigning less favorable" labor to American workers in preference of outsiders joining in the federal H-2A guest worker program. The

differences between the two is the article adds Hamiltons statement in stating that he has denied the allegations and accused the U.S. workers of violating attendance rules, loitering and failing to keep up with the work, EEOC records show. Hamilton also said all its workers are guaranteed the same wages, but some earn more because they work faster. Hamilton Growers is an equal opportunity employer that does not discriminate on the basis of any protected characteristic, including citizenship status, race or national origin, Terri Stewart, an attorney for Hamilton, said in a prepared statement (Redmon, 2011). Strategies I would implement, if I were a senior manager of this company, to ensure future compliance and inclusion in the multicultural workplace. This could be done by taking the right actions in ethical and social accountability to correct injustices actions in the past to those workers who were fired. My main objective would be running a diverse labor force, consist of consciousness, teaching, and encouraging respect of the dissimilarities with the individuals in the place of work. There would be no firing of any individual because of who they are, and if it is the

EEOC Presentation

season where Mexican workers do come into play then as senior manager I would only hire them if needed and not have them replace quality workers that are already there. I would make sure that I as well as the whole company implements morale, career growth, professional development, increased productivity. There will also be interpersonal-teamwork, problem solving, and innovation. I would make sure that anyone hired is not based on who they are, but all hiring would be based on their work abilities and will not be fired based the allegations that were made. I know that a senior manager is responsible for any actions that were placed in the past weather purposely or not and needs to implement the right changes to make sure that this does not happen again in the future. This can be done by having a multicultural initiative that are purposefully connected to the professional purposes that motivate the development constantly all over the establishment while providing great level of excellent service that is anticipated from the business.

EEOC Presentation References Hamilton Growers Sued By EEOC For Discrimination Against American Workers. (2011). Retrieved from http://www.eeoc.gov

Redmon, J. (2011). EEOC sues South Georgia farm, alleges discrimination against U.S. workers. Retrieved from http://www.ajc.com