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November 18, 2009
Haitians targeted, fired illegally at three Immokalee tomato packing
houses, suit claims
The U.S. Equal Employment Opportunity Commission has sued three tomato
packing companies in Immokalee, charging that they discriminated against
Haitian workers and fired them illegally because of their race.
The suit is against Six L’s Packing and two related companies, LFC
Agricultural Services Inc. and Custom Pak Inc. It was filed in U.S.
District Court in
According to the lawsuit, managers and employees with the three
companies insulted the Haitians, referring to them as “stupid,”
“cannibals” and “slaves.”
The EEOC also says the Haitians were told they stink and they were
abused by other workers who threw tomatoes and boxes at them.
When the Haitian workers complained about their treatment, the EEOC says
the companies unlawfully retaliated against them.
Six L’s is fighting the lawsuit.
“The company denies the allegations in the lawsuit and intends to
vigorously defend against those allegations,” said John Potanovic, a
Six L’s has been in business since the early 1950s and employs as many
as 1,000 Haitian employees at a time, he said.
“My clients are confident that when actual evidence is gathered and
presented, that their position will be vindicated,” Potanovic said.
The lawsuit involves 17 Haitian workers. They say they were treated
differently on the job because of their race and national origin,
getting fewer breaks, heavier workloads and harsher discipline.
The employees filed a complaint with the EEOC over their mistreatment,
but the companies failed to take prompt action to stop the harassment,
the lawsuit alleges.
The EEOC says it sued the packing companies after attempting to reach a
voluntary settlement with them.
“Ethnic harassment is unjust, offensive and illegal,” said Jacqueline
McNair, the director for the EEOC’s Miami District, in a statement.
“When management permits ethnic intimidation and harassment against its
employees, it is particularly demeaning and offensive.”
The EEOC will not tolerate such mistreatment, she said.
“Employers have an obligation under the law to ensure a work environment
free from illegal harassment.,” McNair said. “Furthermore, it is illegal
for employers to retaliate against employees who complain about or
oppose the illegal conduct.”
Agricultural workers are often the most vulnerable to workplace abuse,
said Michael J. O’Brien, the EEOC’s acting regional attorney, in a
statement.
“The degrading conduct reported in this case is humiliating and
intolerable,” he said. “Employers must act swiftly to eliminate such
conduct from the workplace.”
The lawsuit seeks back pay and other compensation for the workers, plus
damages.
The EEOC is also looking for a permanent injunction to prevent future
discrimination.
Greg Schell, a lawyer with the Migrant Farmworker Justice Project in
He said for Haitians it can be much harder to find work as pickers in
fields and groves because of their race. Many of the crew leaders are
Mexican and hire their own, Schell said.
Haitians aren’t given the same opportunities in farm work in part
because they are legal
“They’ve been sort of pushed into certain jobs,” Schell said. “Most of
them work in packinghouses.”
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