Wednesday, December 4, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, March 20, 2015
Judge: EEOC Human Trafficking Case "Frivolous"
By Selected News Articles @ 8:15 PM :: 8169 Views :: Agriculture, Labor

Judge blisters EEOC for “frivolous” case against growers

by Casey Corr, Good Fruit, March 20, 2015

A federal judge has issued a blistering critique of the Equal Employment Opportunity Commission, saying the agency had brought a lawsuit against growers that was “baseless, unreasonable and frivolous.”

The decision on March 18 by U.S. District Court Judge Edward Shea ordered the EEOC to pay attorneys’ fees, expenses and costs to defendants Valley Fruit Orchards and Green Acre Farms in the case EEOC v. Global Horizons, Inc. et all.

The EEOC claimed that the growers and their labor contractor Global Horizons of Beverly Hills, California, had discriminated against Thai nationals brought to the U.S. under the H-2A visa program. The issues date back to 2004 and 2005, when Global brought Thais to work at Valley Fruit and Green Acre Farms in Washington State and at other agricultural enterprises in California, Hawaii and elsewhere.

According to a press release by the law firm Stokes Lawrence, which represented the growers, the defense had previously obtained dismissal of all claims brought by the EEOC. The new ruling by Judge Shea said the defendants were entitled to recovery of their attorney fees because the EEOC had failed to conduct a reasonable and diligent investigation before bringing the lawsuit.

Judge Shea’s decision appears to be a sharp rebuke to the EEOC, which had promoted its case as the largest human trafficking case ever brought in the agriculture industry. Through a spokesperson, the EEOC did not respond to the judge’s statements.

“At this point, we are still studying the decision and considering our options. We have no further comment,” said Christine Saah Nazer, a spokesperson for the EEOC, in an email to Good Fruit Grower.

According to Stokes Lawrence,

Judge Shea concluded that that “the EEOC failed to conduct an adequate investigation before filing the lawsuit against the Grower Defendants and as a result its Title VII claim against the Grower Defendants were baseless, unreasonable, and frivolous.” Judge Shea specifically focused on the Grower Defendants’ pre-lawsuit communications with the EEOC where Stokes Lawrence attorneys repeatedly requested basic information regarding the allegations against their clients and advised the EEOC that the charges of discrimination failed to describe the purported discrimination with sufficient specificity so as to put the Grower Defendants on notice of their allegedly illegal conduct.

Also troubling to Judge Shea were EEOC interview notes with Thai workers who had worked on the Eastern Washington farms that did not identify any unlawful discrimination, including hostile work environment, unfair treatment, or constructive discharge. The EEOC’s refusal to examine work invoices and other documents the Grower Defendants repeatedly offered to share was another indication of the EEOC’s failure to conduct a reasonable investigation. In light of the vague and unexplained charges, the District Court determined that it was unsurprising that the Grower Defendants rejected the EEOC’s pre-lawsuit demand for $65 million in monetary damages.

Justo Gonzalez, a Stoke Lawrence attorney, praised the judge’s ruling as providing a “dose of accountability” for the EEOC.

“When this case started, the EEOC called it the largest human trafficking case in agriculture history, and referred to our clients as modern slave traders. The Court’s decision further validates that the accusations were false,” said Gonzalez. “The EEOC’s sparse investigation and minimal efforts to cooperate with our clients before filing suit were fully documented, which increased the likelihood of a court agreeing with us that the EEOC’s case was frivolous from the very start.”

The entirety of Judge Shea’s ruling can be found at http://www.stokeslaw.com/uploads/pdf/614-order-granting-the-grower-defendants-joint-motion-for-attorneys-fee—.pdf

  *   *   *   *   *

2011:  Human Trafficking: Did the US DoJ Purposefully lose the Aloun Farms Case?

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii